1. Section 51 advice
  2. Advice in detail

Advice to Tritax Symmetry (Hinckley) Limited

Back to list


Tritax Symmetry (Hinckley) Limited
Date advice given
29 December 2021
Enquiry type

As noted, the statutory consultation for the Hinckley project begins on 12 January 2022 and face-to-face consultation events in the form of a touring public exhibition are due to commence on 19 January. The Applicant is concerned that COVID19 restrictions might compel it to cancel the exhibitions and rely on webinars and on-line communications. Fortunately the SoCC acknowledges that this might be a possibility, but the Applicant is concerned to avoid a situation in which a late change to its statutory consultation arrangements raises adequacy of consultation concerns at the DCO acceptance stage. Please can the Planning Inspectorate provide any reassurance that the circumstances of such a change would be acknowledged sympathetically at the acceptance stage? Can you offer any guidance on how PINS would expect to see a late and forced change in consultation arrangements announced? We are meeting representatives of the local authorities tomorrow morning and will alert them to the issue.

Advice given

In response to your query we can’t prejudge how we will view an application during Acceptance. However, I would advise you provide a clear narrative in the Consultation Report of the reasons for any late changes, what you have done to avoid the risk of any party or group being excluded from virtual consultation and how you have continued to consult in line with the Statement of Community Consultation. Further to this I would suggest that you get prior agreement with the local authorities on what circumstance will lead to the cancellation of exhibitions. In regard to announcement of the change I would suggest that the local authorities would be best placed to offer advice on this but, again would advise that the announcement is reasonable, proportionate and avoids risk of excluding anyone.