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Advice to OFGEM

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Enquiry

From
OFGEM
Date advice given
9 January 2012
Enquiry type
Phone

OFGEM enquired whether they are under any statutory obligation to respond to pre-application consultation carried out by developers for Nationally Significant Infrastructure Projects (NSIPs) under Section 42 of the 2008 Planning Act.

Advice given

Statutory consultees, such as OFGEM, are under no statutory obligation under the 2008 Planning Act to respond to a developer’s pre-application consultation approach.

However, as the process for applying for NSIPs is heavily front loaded and there is little scope for amending applications once they have been submitted to the Infrastructure Planning Commission or its successor, the developer should be alerted to any concerns or relevant information at the earliest possible opportunity.

Further information on the pre-application consultation process can be found in 'IPC Advice note 11: Working with public bodies in the infrastructure planning process' and 'Planning Act: Guidance on pre-application consultation' by DCLG. A link to the relevant section of our website is provided below. http://infrastructure.independent.gov.uk/legislation-and-advice/