Advice to Emma Clowes
Back to listEnquiry
- From
- Emma Clowes
- Date advice given
- 31 March 2014
- Enquiry type
As per your website, http://infrastructure.planningportal.gov.uk/projects/east-midlands/east-midlands-gateway-rail-freight-interchange/?ipcsection=advice&ipcadvice=3b390885c4 the developer for the proposed development is currently in consultation with the local community, however after poor publicity of these events, further exhibitions 'are planned' and will be advertised in due course, these are yet to be announced.
In the meantime we are able to view their (developers) plans/proposals via the following website, with the ability to email the developers in relation queries / questions, however as a local resident with questions and concerns relating to their proposal, I have sent 5 emails over as many weeks, I have only received 1 response, despite chasing them on numerous occasions.
http://www.eastmidlandsgateway.co.uk/
Can you advise me whom i should forward my concerns too, if the developer continues to not respond ?
I look forward to hearing from you
Advice given
Before submitting an application, the developer is required to carry out extensive consultation on their proposals. This involves providing information about the proposal to various statutory and non-statutory bodies and the wider community, responding to questions, listening to suggestions, and taking these into account to influence and inform the application ultimately submitted to the Inspectorate. This does not mean that the developer has to accept or agree with every comment or suggestion made but they must give them proper consideration.
Before formally consulting people in the vicinity of the project, the developer must prepare a Statement of Community Consultation (SoCC), having first consulted relevant local authorities about what it should contain. The purpose of the SoCC is to provide details on the consultation process, which the developer intends to undertake with the local community about their project. The developer is then required to carry out their consultation with the local community as set out in the SoCC.
Where any person feels that an applicant's pre-application consultation was inadequately carried out, they should seek resolution by approaching the applicant in the first instance. If following this action you remain unsatisfied with the consultation carried out, you may also wish to raise this with the relevant local authority.
Subsequently, when an application is submitted to the Planning Inspectorate following the pre-application stage, there is a 28 day period during which a decision is taken on whether to accept the application for examination. One of the factors to be considered by the Planning Inspectorate at this stage is whether or not the developer?s consultation process has been adequate, and we will invite relevant local authorities to provide us with their comments on the adequacy of the applicant?s consultation. In providing their representation on this matter, the local authority may decide to take into account any comments received from the public on this issue. The Inspectorate, on behalf of the Secretary of State, must have regard to the local authority?s response on the adequacy of consultation in making its decision on whether to accept an application to proceed to be examined.
If the application is accepted for examination, there will be the opportunity to register your views with the Planning Inspectorate and participate in the examination by completing a relevant representation form. Where a person believes they have identified an issue which has not been adequately addressed by the applicant, despite raising it with them as part of their pre-application consultation, they may wish to include this as part of their representation. Relevant representations are used by the Examining Authority to help identify the initial principal issues for examination.
Details about how and when to register will be publicised by the developer in local newspapers and on site notices. Please note that you are unable to register as an interested party during the current (pre-application) stage of the process for this proposal.
You may also find the following guidance and advice note helpful:
Guidance on the Pre-Application Process (The Planning Act 2008): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/49468/Planning_Act_2008_pre-applications.pdf
Advice note sixteen: The developer?s pre-application consultation, publicity and notification duties: http://infrastructure.planningportal.gov.uk/wp-content/uploads/2013/04/Advice-note-16.pdf
Please contact me on the details below if you have any further queries.