Advice to Leith Planning Limited
Back to listEnquiry
- From
- Leith Planning Limited
- Date advice given
- 20 July 2011
- Enquiry type
- Phone
Telephone conversations on 13 and 20 July 2011 with Leith Planning Limited to discuss the Planning Act 2008 (PA 2008) process, opportunities to make comments and representations and whether there are opportunities to appeal the decisions. Query regarding which stage of the process the Knutsford to Bowdon proposal is currently at.
Advice given
The Knutsford to Bowdon proposal is at the pre-application stage of the process, pre-application consultation in accordance with the PA 2008 has yet to be undertaken by the developer. The enquirer was advised to speak to the developer for more information on their proposed timescales.
The process under the PA 2008 is frontloaded, developers must undertake pre-application consultation prior to submitting the application. Developers will consult with statutory consultees, local authorities, and categories of landowners (s42 of the PA 2008) and also compile a statement of community consultation (incorporating comments from the relevant local authorities), then carry out consultation with the community in accordance with this statement (s47 of the PA 2008). The developer must also publicise the proposal and pre-application consultation (s48 of the PA 2008).
At the pre-application stage a minimum of 28 days must be provided for comments on the proposals to be submitted to the developer. Once an application is submitted to the IPC and if it is accepted for examination, a minimum of 28 days will be provided to make relevant representations to the IPC, this process also registers those making the representation as an interest party.
At the examination stage a minimum of 21 days will be provided for interested parties to make more detailed written representations to the IPC. There will also be an opportunity to comment on these written representations, hearings may also be held.
The decisions cannot be appealed, however a right of challenge exists through judicial review.
The IPC is unable to comment on the merits of any proposals however we can provide advice on the process.