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Advice to Crawley Borough Council

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Enquiry

From
Crawley Borough Council
Date advice given
28 January 2022
Enquiry type
Email
  1. In relation to local authorities, and I’m thinking here specifically of Crawley Borough Council, please can you confirm where the roles are specified? 2. Under section 42 – the duty to consult about the proposed application – does this include the PEIR stage or is it one of the later stages? 3. Under s46 of the Planning Act 2008 should the applicant have provided the Secretary of State with a full copy of the PEIR? 4. Under examination, do you only consider matters where there is contention between the promoter and someone giving evidence; or will you actively review all the application? I am wondering what would happen if no-one commented on the proposal despite the consultation.

Advice given

  1. Whilst local authorities play a vital role participating in the pre application process, once an application is submitted, you will have multiple roles depending on the stage the application is at and if development consent is granted, you are likely to become responsible for discharging requirements (akin to planning conditions) and monitoring and enforcing many of the DCO provisions and requirements associated with the NSIP. Further details about the role of local authorities can be found in Advice Note two: the role of local authorities in the development consent process: https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/advice-notes/advice-note-two-the-role-of-local-authorities-in-the-development-consent-process/. 2. As part of their pre-application consultation duties, Applicants are required to prepare a Statement of Community Consultation (SoCC). This sets out how the local community will be consulted about the Proposed Development, in accordance with section 47 of the PA2008. The SoCC must state whether the Proposed Development is EIA development and, if it is, how the Applicant intends to publicise and consult on PEI (Regulation 12 of the EIA Regulations 2017). Whilst the Inspectorate encourages Applicants to provide PEI to enable the statutory consultees (technical and non technical) to understand the environmental effects of the development and to inform the consultation, the approach to the PEI (and statutory consultation) as a whole are matters for the Applicant as they are not required to provide a PEIR when undertaking formal consultation. Therefore, it is for them to decide at what stage in the pre-application process this will be most effective. 3. When notifying the Planning Inspectorate of a proposed application for an order granting development consent for the purposes of section 46 of the PA2008, the Applicant is required to provide the same information as supplied for consultation under section 42. In relation to the Gatwick Airport NSIP, the Applicant provided the Inspectorate with a full copy of its PEIR on 6 September 2021. 4. During Pre Examination, an appointed examining authority in compliance with s88(1) of the PA2008 is under duty to make an initial assessment of Principal Issues which will be prepared following its reading of the application documents, the relevant representations received in respect of the application and its consideration of any other important and relevant matters. Whilst this will not be a comprehensive or exclusive list of all the issues, the ExA will have regard to all important and relevant matters during Examination and when its writes its Recommendation report to the Secretary of state.