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Cyngor i Waveney Internal Drainage Board

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Ymholiad

Oddiwrth
Waveney Internal Drainage Board
Y dyddiad y rhoddwyd y cyngor
24 Tachwedd 2011
Math o ymholiad
Phone

The caller implied that Waveney, Lower Yare and Lothingland Internal Drainage Board should not have been consulted with regard to the proposed Ipswich Rail Chord as the development would lie outside of their area of interest.

Cyngor a roddwyd

Section 42(a) of the Planning Act 2008 (PA 2008) makes provision for the developer?s duty to consult ?such persons as may be prescribed?. Column 1 of Schedule 1 of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 (APFP Regs) sets out the persons prescribed for the purposes of section 42(a) of PA 2008.

The IPC has no discretion as to which consultees prescribed in column 1 of Schedule 1 of the APFP Regs should be consulted. As such, a request from a prescribed consultee asking not to receive correspondence relating to an application on which they have been consulted cannot be honoured as the IPC is under a statutory obligation to consult them. The consultee however is under no obligation to respond.

Details of why Waveney, Lower Yare and Lothingland Internal Drainage Board has been identified as a prescribed consultee can be found in ?IPC advice note three: Consultation and notification undertaken by the IPC?, a copy of which can be found on the IPC website.