Advice to Powys County Council

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Enquiry

From
Powys County Council
Date advice given
1 November 2010
Enquiry type
Phone

  1. At which stage in the process does the Local Authority (LA) comment on an applicant's consultation activities?

  2. Do LAs have to register as interested parties following the acceptance of an application?

  3. At which stages does the LA make representations on an application?

  4. At which stages does the LA agree the Statement of Common Ground? At which stage does the LA submit a Local Impact Report (LIR) and the detailed written representation?

Advice given

  1. Upon submission of an application, the IPC will invite relevant Local Authorities (LAs) (i.e. the host and adjoining authorities) to submit an 'adequacy of consultation representation' within 14 days. Section 55 of the Planning Act 2008 (the 2008 Act) makes express provision for such a representation giving the LAs view on whether the promoter has complied with the requirements of pre-application consultation.

  2. Section 102 of the 2008 Act interprets the term 'interested party' and includes relevant LAs and statutory consultees. As such, relevant LAs are automatically interested parties and there is no need to register. Interested parties are notified of key dates and are invited to submit representations at the appropriate times as set out below.

  3. Following acceptance of an application, the applicant must notify persons (including relevant LAs) under Section 56 of the Act. This notification must give a deadline of at least 28 days for receipt by the Commission of 'relevant representations' giving notice of the person's interest in, or objection to, the application. This relevant representation should set out a brief summary of the principal submissions which the LA proposes to make at the examination stage. Further representations at a hearing must only relate to the issues raised in the relevant representation. Relevant representations will allow the 'Examining Authority' (i.e. the single Commissioner or panel of Commissioners appointed by the Chair to examine the application) to determine the most appropriate method of examining the application. At examination, interested parties will have the opportunity to submit further detailed 'written representations' on an application.

  4. Rule 5 of the 2010 Rules requires the Examining Authority to make its 'initial assessment of issues' under Section 88 of the 2008 Act within 21 days of the deadline for receipt of relevant representations. Section 88 of the 2008 Act requires the Examining Authority to hold a 'preliminary meeting' after it has made its initial assessment of issues. Interested parties must be invited to this preliminary meeting and are able to make representations about how the application should be examined. Matters discussed at the preliminary meeting will be solely procedural and not about the merits of the application.

  5. It is for the individual LA to decide whether they wish to make a relevant representation following notification from the applicant under Section 56 of the Act. The relevant representations received will inform the Examining Authority's initial assessment of issues.

  6. Rule 8(1) of the 2010 Rules requires the Examining Authority to set a 'timetable' for the examination of the application specifying (amongst others) (a) the date by which written representations must be received; (d) the period within which any interested party will have opportunity to comment on representations/responses; (e) the period within which the applicant and any interested party must agree a 'statement of common ground'; (f)/(g) the date by which an interested party must notify a wish to be heard at an 'open-floor hearing' and/or a 'compulsory acquisition hearing'; (h) the date of any 'specific-issue hearing'; (j) the date by which a 'Local Impact Report (LIR)' must be received. This timetable must be sent to all interested parties. The 2010 Rules also require the Examining Authority to notify all interested parties of any hearings and any site inspections.