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Advice to RWE npower

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Enquiry

From
RWE npower
Date advice given
25 April 2013
Enquiry type
Email

Mr Morris submited a query regarding the required level of pre-application consulation in relation to potential changes in the pipeline?s limit of deviation at the A515 Yoxall road crossing.

Advice given

Thank you for your recent query regarding potential changes to the pipeline?s limit of deviation at the A515 Yoxall road crossing.

Please be aware that the Planning Inspectorate is unable to give legal advice on which developers (or others) can rely and that parties should seek their own legal advice if necessary. I can however offer the following comments.

The DCLG Guidance on the pre-application process follows a similar approach as to that laid out in your email, with an emphasis on developers having a proportionate response to re-consultation where required. The requisite level of consultation will need to be assessed against the scope of the proposed changes and the sensitivity of the site (or lack thereof). Please see paragraphs 55 to 58 of the guidance for further details (link provided for convenience).

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/49468/Planning_Act_2008_pre-applications.pdf

In terms of specific details, you may wish to consider whether to slightly expand your targeted consultation to include the local authority in their role as the relevant highway authority and to make the amended documents available alongside the original documents on your consultation website.

Care should be taken to ensure that any proposed changes are reflected correctly across all application documents upon submission, including the relevant plans, draft DCO and the Environmental Statement.

As detailed in your email, please also ensure that the Consultation Report details any re-consultation, making sure to include any specific references to how the DCLG Guidance on the pre-application process has been complied with where appropriate.

I hope this response has been helpful. If you have any further questions or want any of the above points clarified, please let me know.