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Advice to Mark de Pulford

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Enquiry

From
Mark de Pulford
Date advice given
7 December 2017
Enquiry type
Email

The note [of the telecom between the Planning Inspectorate and the Applicant on 22 November 2017] suggests that the primary reason for the third consultation is to conform to the 2017 Environmental Regulations (implementing the latest EU Directive on the topic).

I note that this topic is recorded as having come up several times in the past few months but that RSP have been insistent that they need not comply with the new Regulations.

Perhaps they have now taken Counsel's advice.

Be that as it may, the present position feels like an abuse of process: how many bites at the cherry are these guys allowed? If they make a mess of this third consultation will they be able to undertake a fourth? A fifth? These things are divisive in the local community and waste a great deal of time and energy for all concerned.

Advice given

Please refer to the DCLG’s statutory guidance on the Pre-application process which, amongst other things, sets out the principles in respect of the Pre-application consultation duties placed on applicants (in particular pages 5 through 22): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/418009/150326_Pre-Application_Guidance.pdf

Practically, provided that the statutory procedures set out in the Planning Act 2008 are satisfied there is no limit placed on the number of statutory Pre-application exercises a particular applicant may choose to undertake.