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Advice to Kent County Council

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Enquiry

From
Kent County Council
Date advice given
5 August 2016
Enquiry type
Email

The Council's adequacy of consultation included commentary about the Applicant's duties under s49 of the Planning Act 2008.

Advice given

By means of clarification, the request sent by the Planning Inspectorate to local authorities sought responses in respect only of the applicant’s duties under sections 42, 47 and 48 of the Planning Act 2008 (PA2008). The PA2008 defines an adequacy of consultation representation as follows:

“adequacy of consultation representation” means a representation about whether the applicant complied, in relation to that proposed application, with the applicant’s duties under sections 42, 47 and 48.”

The test under s49 of the PA2008 is applied by the Planning Inspectorate during its consideration of the application for acceptance.

If the application is accepted to proceed to be examined by the Planning Inspectorate, the applicant will be required to serve notice to you in respect of that decision. The notice will include details about how and when interested parties will be able to make relevant representations about design detail and the merits of the scheme. I would advise for the Council to resubmit its comments in respect of the lead local flood authority, highways authority recommendations and public rights of way at this stage. In the meantime I would encourage the Council to contact the developer directly in order to share any concerns.