Advice to Kerry Thomas

Enquiry

• From: Kerry Thomas
• Date advice given: 1 April 2011
• Enquiry type: Email

Mrs Kerry Thomas wrote to us seeking guidance on the role of statutory consultee. She asked us to confirm the definition of this role and also what abilities or powers the role has.

She also wrote to us seperatly to ask whether the applicant on the Brig y Cwm application was able to take action other than development on the assumption that consent would be granted, prior to determination of the application.

Advice given

Dear Kerry,

No decision has yet been made on the Brig y Cwm application. We have no knowledge of any discussions Covanta may be having with suppliers. There is nothing preventing anyone from making their plans based on what they hope the outcome will be; but this is at their risk.

The term “statutory consultee” is used to describe persons or bodies that must be consulted in certain circumstances. There is no universally accepted single definition; it depends upon the circumstances, and the statute governing them.

Where Acts or Regulations require that consultation take place, they may also define a list of people who must be consulted. An example of this would be S42 of the Planning Act 2008, which requires that developers consult a list of proscribed persons before submitting an application to the IPC.

Another type of statutory consultee would be those parties whose views are given a special importance, or who are given special entitlements or duties in a decision making process. They are called “statutory consultees” because statute affords them a special status. An example of this would the way in which S102 of the 2008 Act automatically makes some people Interested Parties to an examination.

The 2008 Act process requires both the applicant and the IPC to undertake consultation on various issues at various points, so there are many different statutory consultees at different stages; and the term means something slightly different at every point.

If you are interested in a specific stage of the process and would like more detailed information about exactly who the statuary consultees are, and what exactly that means, please do not hesitate to return to me.

Yours,