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Advice to RWE npower

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Enquiry

From
RWE npower
Date advice given
30 April 2012
Enquiry type
Email

As a result of changes to the WCGP application program, the actual consultation process will be different to that described in the SOCC. The main difference is that in the SOCC, we proposed holding the Stage 2 consultation early in 2011, when we believed that we would have a route but not completed all environmental studies. We accepted that there would be the need for further engagement at the pre-application stage. In reality, we carried out engagement during 2011 and will carry out the Stage 2 consultation at the pre-application stage.

I believe that the actual consultation process has exceeded that described in the SOCC and am certain that it has been the best process given our actual program.

Is it necessary to update the SOCC or get any form of approval for these changes, either from yourself or the LPAs? Obviously, the Consultation Statement will describe the actual consultation process - is it sufficient to explain the changes here?

Advice given

The FAQ section on our web-site contains the following question and answer which I think addresses your query:

Q: Can changes to a Statement of Community Consultation (SoCC) be made if they are 'enhancements' and are agreed with the relevant local authority, without preparing and publicising a new SoCC?

A: Once a SoCC has been advertised there is only limited flexibility to vary how the developer is to carry out the consultation set out in the Statement, without needing to prepare and publicise a new SoCC. The degree of flexibility that may be possible in each case will, amongst other things, depend on how the particular Statement is worded, and whether any departures from what is set out in the SoCC have been notified to and agreed beforehand with the relevant local authority.

The developer may, for example, be able to consult more widely and/or more extensively than is required by a SoCC without having to prepare and publicise a new SoCC. However, if the changes, for example, resulted in fewer people and/or a smaller area being consulted than required under the SoCC, then this may not be sufficient to show compliance with s.47 of the Planning Act 2008 as amended. In any event, the developer should explain the approach taken to carrying out their s.47 consultation in their Consultation Report.

If s.47 has not been complied with then there is a risk that an application may not be accepted. This is because there is a statutory duty on developers under s.47(7) to carry out their local community consultation in accordance with the proposals set out in the Statement, and the Secretary of State may only accept an application if, amongst other matters, he is satisfied that the applicant has complied with the pre-application procedure including s.47. The adequacy of any consultation is a matter for the Secretary of State to consider in each case under s.55 of the Planning Act 2008, and we cannot pre-judge what decision he might make.

Hopefully this answers your question we can't advise you on where exactly the balance lies with your project but suggest that you may wish to take your own legal advice on the matter.