Advice to Birketts LLP
Back to listEnquiry
- From
- Birketts LLP
- Date advice given
- 24 July 2018
- Enquiry type
The enquirer wrote to the Planning Inspectorate urging the Secretary of State to refuse to accept the application on the grounds of inadequate Pre-application consultation.
Advice given
The Planning Inspectorate will consider whether to accept the Lake Lothing Third Crossing application in accordance with the requirements of Section 55 of the Planning Act 2008.
If you have not done so already, you can send the comments relating to the Applicant’s Pre-application consultation to your client’s local authority. Relevant local authorities have been invited to make a representation to the Inspectorate about the adequacy of the Applicant’s Pre-application consultation. Your client’s local authority will be able to consider your comments in preparing its ‘Adequacy of Consultation Representation’ (AoCR). Note that the deadline for receipt by the Inspectorate of any AoCRs is 27 July 2018. Amongst other things, the Inspectorate must have regard to all AoCRs received from a relevant local authority in taking its decision about whether to accept an application for examination.
Note that applicants are required to demonstrate in their applications for development consent how they have carried out their Pre-application consultation duties in accordance with the provisions of the Planning Act 2008. Negotiations between applicants and persons with an interest in affected lands are expected to progress after consultation has elapsed and in the course of the examination of applications. If this application is accepted for examination, you will be able to make representations to an appointed Examining Authority at the appropriate time. See our Advice Note 8 series for further information, here: https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/advice-notes/