1. Section 51 advice
  2. Advice in detail

Advice to S H Coxon

Back to list

Enquiry

From
S H Coxon
Date advice given
12 April 2012
Enquiry type
Post

See attached letter.

Advice given

This proposal is currently at the pre-application stage. As you are aware the Highways Agency is currently consulting with local communities and prescribed consultees on their proposal in accordance with the duties which the Planning Act 2008 places upon them. I note that you have copied the Highways Agency, The Rt Hon Caroline Spelman MP Secretary of State for Environment, Food and Rural Affairs, The Rt Hon Justine Greening MP Secretary of State for Transport and the Rt Hon George Osborne MP. Responding to the Highways Agency consultation is the most appropriate action at this stage, as you have done so, because the Highways Agency will be under a duty to take account of relevant responses.

As your letter raises concerns with the consultation being carried out you may also wish to send a copy of your correspondence to the relevant local authority for this scheme. When an application is submitted to The Planning Inspectorate, a decision will be made, within 28 days, as to whether the application will progress to the examination stage. During this stage the local authority consultees will be invited to provide their comments on the adequacy of the developer?s consultation.

If the application is accepted for examination, there will be the opportunity to register your views with The Planning Inspectorate and participate in the examination by completing a relevant representation form. Details about how and when to register will be publicised by the developer. Please note that you are unable to register as an interested party during the current (pre-application) stage of the process for this proposal.

Further information about how to participate in the application process can be found in our advice notes. I have enclosed ?Advice Note 8.1: How the process works? and ?Advice Note 8.2: Responding to the developers pre-application consultation? as they may be of particular interest.

Attachments

View advice (PDF)