Advice to URS Scott Wilson
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- From
- URS Scott Wilson
- Date advice given
- 17 November 2011
- Enquiry type
Further email response from the IPC to the promoter, following a project meeting held on 12 October 2011 between the IPC , Luton Borough Council and URS Scott Wilson, in regard to expected submission date for the application.
Advice given
In order to avoid potential problems during the process of examining an application we advise that applicants share draft documents with us for technical comment. In particular developers may find it valuable to submit draft copies of the Development Consent Order (DCO), the accompanying Explanatory Memorandum, works and land plans, the draft consultation report and any plans that help understand provisions and requirements within the draft DCO. Given the time required to consider such documents, we advise in the IPC Guidance Note 1, that developers provide these well in advance of submitting an application and certainly not less than 6 weeks beforehand.
We can then provide advice on the production of your application documents, offer comments on technical/drafting aspects of the draft DCO without prejudice to its eventual decision. However, for clarity we are not able to comment on the merits of any of the documents. We also advise that the draft order should also be made available to other parties who may have useful comments to make on the operation of the order. It would be advisable to build time into your timetable to do this.
I also should advise that it is the responsibility of developers (not the IPC) to ensure that the draft order applied for would provide you with all the necessary authorisations to implement your scheme. Therefore developers are strongly advised to engage a person with the necessary legal expertise to draft their order.
Advice about the preparation and submission of your draft Development Consent Order (DCO) is contained in IPC Advice Note 13 http://infrastructure.independent.gov.uk/wp-content/uploads/2011/09/Advice-note-13-Preparing-the-draft-order.pdf
Whilst reviewing some the documentation you have already submitted I have noticed that the list of statutory consultees who you consulted under s42 and s43 of the Planning Act (PA2008) does not include Cambridgeshire County Council, Buckinghamshire County Council or Hertfordshire County Council. These were identified as consultees for the purpose of our EIA scoping consultation (EIA regulations, regulation 8), and I just wish to bring it to your attention as it is your responsibility to ensure your pre-application consultation fully accords with the requirements of the PA 2008, and regulations and guidance.
This particular project has Luton Borough Council taking on a dual role. The PA 2008 sets out separate responsibilities for developers and for local authorities, including for the latter consultee under section 43 and interested party under section 102. For transparency purposes please could you provide further clarity on your internal arrangements such as relevant reporting structures for officers and members, and other relevant roles and procedures for carrying out this dual role. A diagram to illustrate this would be useful.