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Advice to Ian Scott

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Enquiry

From
Ian Scott
Date advice given
5 July 2018
Enquiry type
Email

I notice since RSP withdrew their application for a DCO your web page shows that “the applicant has set no timetable for this application” Is there any indication of when they will.

Given the problems with their submission and they submitted more than double the pages of information to PINS that was available to residents will there have to be another consultation period. We live on Nethercourt estate and could not be closer to Manston yet RSP failed to inform the majority of the residents of their consultation as it seems they did many areas affected. Before the pre-application was withdrawn was any decision made as to the validity of consultation for DCO purposes ?

I also understand you had a meeting with RSP on June 22. When is a record of this meeting to be published by PINS. I have to say there seems to be a long delay in publishing the minutes from these meetings. Is it because they have to be agreed by yourselves & RSP. I do think an effort should be made to produce these quicker.

Can you also tell me are BDB still representing RSP in discussions with PINS regarding this DCO.

Advice given

“I notice since RSP withdrew their application for a DCO your web page shows that “the applicant has set no timetable for this application” Is there any indication of when they will.”

In respect of resubmission, the Planning Inspectorate understands that the position established in RSP’s letter dated 4 May 2018 is currently maintained: https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/TR020002/TR020002-002133-Bircham%20Dyson%20Bell%20for%20RiverOak%20Strategic%20Partners.pdf

“Before the pre-application was withdrawn was any decision made as to the validity of consultation for DCO purposes ?”

A decision was not taken about whether the application could be accepted for examination. By association therefore a decision was not taken about the adequacy of the applicant’s Pre-application consultation. A record of the Planning Inspectorate’s principle concerns in respect of the withdrawn application is summarised in the note of the meeting held on 11 May 2018: https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/register-of-advice/?ipcadvice=11d13371d4

“I also understand you had a meeting with RSP on June 22. When is a record of this meeting to be published by PINS. I have to say there seems to be a long delay in publishing the minutes from these meetings. Is it because they have to be agreed by yourselves & RSP. I do think an effort should be made to produce these quicker.”

The note of the meeting held on 22 June 2018 is currently in the process of being prepared and will be published on the project webpage as soon as practicable. All attendees (other than the Inspectorate) are given an opportunity to fact-check prior to publication.

Please see the following advice with regards likely timescales for the publication of meeting notes: https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/register-of-advice/?ipcadvice=3a62407264

Can you also tell me are BDB still representing RSP in discussions with PINS regarding this DCO.

BDB are acting as RSP’s legal representation for the Manston Airport application resubmission.

“Would you tell me if RSP have to give PINS notice of their intention to re-submit their DCO application or can they do it at any time without informing PINS first?”

There is no statutory requirement for applicants to notify the Planning Inspectorate of their intention to submit a DCO application. The Planning Inspectorate request that applicants provide anticipated submission dates in advance and regular dialogue on the run up to submission to enable the Planning Inspectorate to resource appropriately for Acceptance.