Advice to Andrew Hollins
Back to listEnquiry
- From
- Andrew Hollins
- Date advice given
- 21 June 2017
- Enquiry type
What steps will the Planning Inspectorate take to ensure there is a proper and unencumbered consultation?
Advice given
Following a suite of non-statutory consultation events held in 2016, the Planning Inspectorate issued the following advice to the Applicant: https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/register-of-advice/?ipcadvice=c62405190b
This advice was issued by the Inspectorate proactively, and was in part driven by communicated concerns analogous to those set out in your email.
All applications for development consent must be accompanied by a ‘Consultation Report’. The Consultation Report is prepared under section 37 of the Planning Act 2008 (the PA2008) and must give details of:
a) what has been done in compliance with sections 42, 47 and 48 of the PA2008 in relation to a proposed application that has become the application; b) any relevant responses; and c) the account taken of any relevant responses.
In the Acceptance period (ie the 28 days following the formal submission of an application) the Planning Inspectorate will scrutinise all of the application documents, including the evidence provided in the Consultation Report, applying the statutory tests set out in s55 of the PA2008.
By the end of the Acceptance period the Planning Inspectorate (on behalf of the Secretary of State) must decide, in accordance with the tests in s55 of the PA2008, whether or not to accept an application for examination. In reaching this decision, s55(4) makes explicit that the Planning Inspectorate must have regard to the Consultation Report and any adequacy of consultation representations made by local authority consultees.