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Advice to Fay Armstrong

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Enquiry

From
Fay Armstrong
Date advice given
22 May 2013
Enquiry type
Email

Dear Ms Sully

I would like to reiterate what has been communicated by Ms Lorraine Robinson (21.05.2013):

As I, too, am surprised and dismayed to discover that HA?s proposal has been accepted for examination. How has this been allowed to happen when you have not yet received the Adequacy of Consultation Representation from Cheshire East Council, the only relevant council? How can councils as far away as Derbyshire, Staffordshire etc comment competently on how a consultation was conducted fifty miles away? Apparently you had a series of telephone conversations with Ms Robinson in Autumn 2012, when the HA?s appallingly inadequate and unfair consultation was discussed. You advised writing to CEC informing them of this and, indeed, many of us (residents) did so, specifically requesting that they take account of it in their Representation. What was the point of this advice if you simply go ahead without waiting for it? What will happen if CEC submits an honest Representation demonstrating that HA?s consultation was unfair? Will the acceptance be overturned? Furthermore, I understand that transport consultants, CBO, have written informing you that HA have ?sneaked in? entirely new sections of the scheme ? relating to the widening of motorway junctions at either end of the proposed dual carriageway - for which locals have never been consulted. It is my understanding that HA have, therefore, broken the law in this respect; yet their proposal has been accepted?

You gave Ms Robinson your assurance that The Planning Inspectorate was impartial and that all due processes would be strictly adhered to, in fact you appear to have had no regard for due process. Has the Inspectorate acted illegally? If so, what action can we take?

Please explain how and why this scheme has been accepted given the above

Yours sincerely

Fay Armstrong (Mrs)

Advice given

Dear Mrs Armstrong

Thank you for your email.

As per the response I have just emailed to Ms Robinson, whilst I appreciate you are dissatisfied with the decision to accept this application for examination, please be assured that a decision was made in accordance with section 55 of the Planning Act 2008 (as amended) which included having regard to the consultation report and taking into account responses to the adequacy of consultation. The section 55 checklist which is used during the decision making as to whether an application is fit to progress to examination contains the reasoning and comments on acceptance and is publicly available at the following link: http://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/TR010002/2.%20Post-Submission/Procedural%20Decisions/130517_TR010002_A556%20Knutsford%20to%20Bowdon_Master_s55%20Checklist_Final.pdf

Cheshire East Council is the host authority however in terms of consulting others such as Derbyshire and Staffordshire etc, this is a requirement within section 43 of the Planning Act 2008 (as amended). During the acceptance process, amongst others, a representation from Cheshire East Council was received and has also been made publicly available at the following link: http://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/TR010002/2.%20Post-Submission/Representations/Adequacy%20of%20Consultation/130510_TR010002_Cheshire_East_Borough_Council.pdf.

The Planning Inspectorate is impartial and ensures processes are strictly adhered to and the material from both pre application and acceptance period was taken into consideration when reaching a decision to accept this application for examination. You will shortly have an opportunity to submit a relevant representation which will be made available to the Examining authority once they are appointed.

Our advice notes explain how and when you can get involved in the process and in particular, advice note 8 will be of particular interest to you, I have included a link for ease: http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/

If you have any further queries please do not hesitate to contact me.

Yours sincerely

Kay Sully