Advice to Various - Please see enquiry for details
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- Various - Please see enquiry for details
- Date advice given
- 8 August 2014
- Enquiry type
Comments and responses to the developer's pre-application consultation were sent directly to the Planning Inspectorate with questions regarding registering as interested parties from P Woolrich, Janet Pearce and Sir Henry Every Bt.
Advice given
The East Midlands Intermodal Park is currently at the ?pre-application? stage of the Planning Act 2008 (as amended) (PA 2008) process.
At this stage of the process the developer should be your first point of contact and it is recommended that you refer to the developer?s website for information on how to contact them. The developer?s project website page describes how they are carrying out their consultation at http://www.emipark.co.uk/public-consultation/. The page also has links to the exhibition boards from the public information days.
Prior to submitting an application to the Planning Inspectorate, 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.
Where any person feels that a developer's pre-application consultation was inadequately carried out, they should seek resolution by approaching the developer in the first instance. If following this action they remain unsatisfied with the consultation carried out, they 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 for individuals and organisations to register their views with the Planning Inspectorate. This will allow them to participate in the examination by making a relevant representation and becoming an "interested party". 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 undertake their initial assessment of principal issues for examination.
Details about how and when to register will be publicised by the developer in local newspapers and on site notices only after the application has been submitted to The Planning Inspectorate. We display an estimated submission date, provided to us by the developer, on the relevant project page of the National Infrastructure page on the Planning Portal.
The Planning Inspectorate has produced several advice notes to help provide an overview of the PA 2008 process and the opportunities to get involved. These are available via the link below. In this instance I recommend reviewing Advice Note Eight series ? ?How to get involved in the planning process?. You may also find it helpful to review Advice Note Sixteen ? ?The developer?s pre-application consultation, publicity and notification duties?. These can be found at the following link: http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/ You can receive updates about the project at key milestones by signing-up to email updates on the project page. By signing up you will receive notifications such as when the application is formally submitted, if the application is accepted or not to proceed to examination and when the period to register a relevant representation opens and closes. It is advised that in order to stay up to date with the application you regularly visit the project page.