Advice to Lorraine Robinson
Back to listEnquiry
- From
- Lorraine Robinson
- Date advice given
- 22 May 2013
- Enquiry type
E-mail received by the Planning Inspectorate from Lorraine Robinson:
I was surprised and dismayed yesterday 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?
You may remember a series of telephone conversations we had in the autumn of 2012, in which we discussed HA?s appallingly inadequate and unfair consultation. Your advice was to write to CEC informing them of this, I did so, as did a couple of dozen others, 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, it has come to my attention 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 - on which locals were never consulted. It is my understanding that HA have broken the law in this respect yet their proposal has been accepted.
You gave me 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 I take?
Please explain how and why this scheme has been accepted given the above.
Advice given
Response from the Planning Inspectorate:
Thank you for your email to Kathryn Powell, as advised, please note Kathryn is no longer leading on this case so please ensure all future correspondence is sent to me directly as the Case Manager using the contact details below or email: knutsfordtobowdon@infrastructure.gsi.gov.uk mailto:knutsfordtobowdon@infrastructure.gsi.gov.uk .
Whilst I appreciate you are dissatisfied with the decision to accept this application for examination however 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.
As Kathryn previously advised, 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/ http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/
Further contact to Lorraine Robinson as she was initially given an incorrect link to the s.55 checklist on our website:
Please note the link below for the s.55 checklist which has been replaced as follows:
If you have any problems opening this, please let me know