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Advice to David Green

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Enquiry

From
David Green
Date advice given
24 January 2019
Enquiry type
Email

In a previous question, I asked whether a development consent obligation could be imposed upon the applicant during or as a result of the examination.

Could you also tell me whether it might be PINS that would initiate this or whether other parties could do so such as local authorities?

Advice given

An Examining Authority (ExA) may consider that a development consent obligation is necessary to make a development acceptable (eg in order to mitigate impacts) and could ask an Applicant during an Examination to enter into/provide one. If the Applicant refused to enter into/provide one, and the ExA considered it so material to the acceptability of the development, then this could lead to a recommendation for refusal of development consent.

Other parties such as local authorities could make representations to an ExA about the need for an obligation which would be considered during the Examination.