1. Section 51 advice
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Advice to R. Card

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Enquiry

From
R. Card
Date advice given
22 April 2016
Enquiry type
Email

Will the Planning Inspectorate look favourably on applying precautionary principle to the risk and environmental impact assessments in the prospective Riveroak application process?

Would Planning Inspectorate require epidemiology study as part of public interest in risk and environmental impact assessment?

Advice given

Any Environmental Statement (ES) submitted with an application for a Nationally Significant Infrastructure Project must be prepared as required by the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (as amended). If we are asked for an opinion on the scope of the ES by the Applicant, we will consult technical consultees and expert bodies. Further information on this can be found in advice note three and advice note seven.

As you know, the Planning Inspectorate has not received an application for the above scheme. We will not accept an application unless we are satisfied that the Applicant has undertaken pre-application consultation and has had regard to responses that they have received. It is strongly advised that you write to the Applicant for your representation to be considered while they are still forming the scheme, since this is the most effective way to influence the form of the proposed scheme and highlight the potential impacts that should be assessed. This front-loaded emphasis of consultation is designed to ensure a more transparent and efficient examination process.

If an application is received and accepted, one or more Inspectors will be appointed as an Examining Authority to conduct an examination, which cannot take more than 6 months, and report to the Secretary of State. It is the responsible Secretary of State (in this case, the Secretary of State for Transport) who will make a decision on the application in accordance with any adopted National Policy Statements which may exist at that time, and having any regard to any relevant and important matter. If the application is accepted for examination, you will have an opportunity to make submissions on that application at that time.