Advice to Neil Scarff
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- From
- Neil Scarff
- Date advice given
- 29 June 2021
- Enquiry type
I am aware of course that the above proposed development is being decided by The Secretary of State for Transport via the Planning Inspectorate and not by the Local Planning Authority Castle Point Borough Council, would you however please advise if the duties and responsibilities of The Hazardous Substance Authority as contained in the COMAH Regulations with regard to planning applications have also been passed onto the Planning Inspectorate or do these remain with the Local Authority.
Advice given
Thank you for your email. Under the nationally significant infrastructure planning regime hazardous substances consent can be deemed to be granted by a Development Consent Order. The aim in doing so is to provide a ‘one stop shop’ for consenting for nationally significant infrastructure projects. Before submitting an application, potential applicants have a statutory duty to carry out consultation on their proposals under the Planning Act 2008 (PA2008). The hazardous waste authorities will be statutory consultees at the pre-application stage of the PA2008 process for this proposed application. The Health and Safety Executive (or, in relation to nuclear establishments, the Office for Nuclear Regulation) will give pre-application advice to new operators of hazardous installations and to nationally significant infrastructure project applicants. The Environment Agency provides a pre-application advice service for applicants. If an application for Development Consent for the proposed Oikos Marine and South Side Development is received by the Planning Inspectorate (on behalf of the Secretary of State), there will be 28 days for the Planning Inspectorate to review the application and decide whether or not to accept it for examination. If accepted, there will then be a period for the public and statutory parties to register with the Planning Inspectorate to become an Interested Party by making a Relevant Representation. The hazardous waste authorities would be statutory parties on this application and be able to make a Relevant Representation. During the Examination stage Interested Parties who have registered by making a Relevant Representation are invited to provide more details of their views in writing. The Health and Safety Executive and the Environment Agency (competent Authority in England) and the local authorities will be able to make representations to the Examining Authority. Careful consideration is given by the Examining Authority (appointed at the pre-examination stage) to all the important and relevant matters including the representations of all Interested Parties, any supporting evidence submitted and answers provided to the Examining Authority’s questions set out in writing or posed at hearings. The Planning Inspectorate must prepare a report on the application to the relevant Secretary of State, including a recommendation, within three months of the close of the six month Examination stage. The relevant Secretary of State then has a further three months to make the decision on whether to grant or refuse development consent. The decision maker for the Development Consent Order application would in this case be the Secretary of State for Transport. I hope you find this information useful.