Advice to CPRE
Back to listEnquiry
- From
- CPRE
- Date advice given
- 13 March 2018
- Enquiry type
The enquirer made comments about the quality of the Applicant's Pre-application consultation, and asked specifically:
"In assessing an application for the DCO, how would the Inspectorate deal with the wider upgrades to the A628 corridor if they are in an approved statutory transport plan?"
Advice given
If you have not done so already, please provide your comments about its consultation directly to Highways England. You can also copy your comments to the relevant local authority which will be able to consider them in making its Adequacy of Consultation Representation; if an application is submitted. At the Acceptance stage of the process, the Secretary of State (SoS) must have regard to the content of any Adequacy of Consultation Representations received when taking its decision about whether or not an application can be accepted to proceed to examination.
You asked: “In assessing an application for the DCO, how would the Inspectorate deal with the wider upgrades to the A628 corridor if they are in an approved statutory transport plan?”
As you will be aware, where a relevant National Policy Statement (NPS) is designated it has primacy in the decision-making process. In this case the relevant NPS is the NSP for National Networks. Section 104 of the Planning Act 2008 sets out, in addition to an NPS, what else the SoS must have regard to in deciding an application. Section 104(d) prescribes that the SoS must have regard to any other matters which the SoS thinks are both important and relevant to the decision, which may include local/ strategic policies and plans.
In respect of Environmental Impact Assessment, for the Planning Inspectorate’s advice in respect of which development should be in considered as part of an applicant’s cumulative effects assessment, please see Advice Note 17: https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/advice-notes/