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Advice to Gerrard Moss

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Enquiry

From
Gerrard Moss
Date advice given
7 August 2014
Enquiry type
Email

Advice was requested in response to the following queries:

i) Clarification was sought on the area of the proposed scheme, including boundries and proximity to Lockington.

ii) Clarificaiton was sought on the time frames associated with the proposal.

iii) An opinion was sought on the he likelihood of development consent being granted.

Advice given

This application has not yet been submitted to the Planning Inspectorate and therefore any queries about the scheme should be sent directly to the developer, Roxhill Developments Ltd. You may wish to have a look at their website which holds draft application documents, including detailed draft plans and the draft environmental statement. The content of these documents will no doubt answer some of you questions. The developer?s website can be accessed by following this link: http://www.eastmidlandsgateway.co.uk/index.php

We cannot answer your query regarding the likelihood of permission being granted. Speculating at this stage of the process would be unlawful and could fetter the judgement of the Examining Authority appointed to examine the application.

When the application is submitted to the Planning Inspectorate the Secretary of State will have 28 days to decide whether or not to accept the application for examination. If the application is accepted for examination, an Examining Authority will be appointed to examine it. The examination period has a statutory duration of 6 months, upon the elapse of which the Examining Authority will have 3 months to write its report and recommendation to the relevant Secretary of State; in this case the Secretary of State for Transport.

The process for making decisions on nationally significant infrastructure projects is underpinned by the opportunity for anybody to make representations about an application, although this must be done at the appropriate time. If the application is accepted to be examined, the developer will be required to advertise that fact and to provide notice of a period (a minimum of 28 days) within which people may register as an ?interested party? and make a ?relevant representation?. The ?relevant representation? should set out a summary of the issue or issues that an interested party wishes to put before an examination, and comprises the first of several opportunities over the course of the 6 month examination when interested parties are afforded the right to make written and oral representaions to the Examining Authority.

The Planning Inspectorate has published a suite of plain English advice notes providing information on the process, including how to get involved. You can accessed these by clicking on the following link, and I would draw your particular attention to Advice note 8.3: http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/