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Advice to Enfield Council

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Enquiry

From
Enfield Council
Date advice given
20 May 2013
Enquiry type
Email

Enfield Council enquired whether local authorities would be required to submit both a Local Impact Report and written representations for the North London (Electricity Line) Reinforcement Project application during the 'examination' stage.

The Planning Inspectorate's response was by email.

Advice given

Thank you for your enquiry made on behalf of Enfield Council in regard to submitting a Local Impact Report (LIR) for the North London (Electricity Line) Reinforcement Project application. This Nationally Significant Infrastructure Project (NSIP) application is currently at the ?examination? stage of the Planning Act 2008 process, as amended by the Localism Act 2011 (PA 2008). You have asked whether a local authority is required to submit both written representations and an LIR.

As discussed, the local authority is under no obligation to submit an LIR as part of an examination of an NSIP. It is for the local authority to decide whether or not to submit an LIR in consideration of the complexity and issues posed by the NSIP proposal. LIRs give details of the likely impact of the proposed development on any part of the authority?s area and their relative importance; and as such, LIRs differ from other representations a local authority is likely to make. I refer you to paragraphs 51 to 56 of the Department for Communities and Local Government?s (DCLG) statutory guidance on ?examination? (http://infrastructure.planningportal.gov.uk/legislation-and-advice/guidance/). It states:

?52. The report may differ from other representations made by the local authority, as it is intended to allow local authorities to represent the broader views of their community. Consequently, a local authority which has been invited to submit such a report may decide to cover a broad range of local interests and impacts, including economic and social ones. The impacts should be presented in terms of their positive, neutral and negative effects,? and;

?53. The report is distinct from any representation a local authority may make on the merits of an application or any subsequent approvals that should be delegated to the local authority for determination (for example, on detailed design).?

Local authorities are strongly encouraged to produce LIRs as the Examining Authority and the Secretary of State must have specific regard to LIRs when making their recommendation and decision. Given their importance, the Examining Authority made reference to the timetabling for the submission of LIRs at the Preliminary Meeting for the North London (Electricity Line) Reinforcement Project application, in response to questions from Enfield Council: http://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/EN020009/Events/Preliminary%20Meeting%20-%2024-04-2013%20-%201030%20-%20Tottenham%20Hotspur%20Football%20Club,%20London/130424_EN020009_Preliminary%20Meeting%20Note.pdf. The Examining Authority stated that local authorities have been given sufficient notice to enable LIRs to be produced.

The local authority may also wish to submit a separate written representation to express a particular view on whether the application should be granted. A written representation should provide the party?s detailed case and identify those parts of the application and specific matters with which they agree or disagree, giving reasons and supported by any data, methodology and assumptions used. Again, I refer you to DCLG?s guidance on 'examination', in particular paragraphs 68 to 74.