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Advice to English Heritage

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Enquiry

From
English Heritage
Date advice given
17 May 2012
Enquiry type
Email

Clarification regarding the implications for English Heritage arising from the amendments to s102 of the Planning Act 2008 (PA 2008) by the Localism Act 2011 and whether parties must also de-register interest.

Advice given

I write with reference to your query dated 17 April in which you sought clarification regarding the implications for English Heritage arising from the amendments to s102 of the Planning Act 2008 (PA 2008) by the Localism Act 2011. In particular you questioned whether all parties, individuals and statutory consultees must register with the National Infrastructure Directorate following notification by the developer under s56 (PA 2008), and also de-register interest as well.

At the pre-application stage the onus is on the developer to consult with prescribed consultees (as defined by Schedule 1 of The Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009) and the local community. Once the application has been accepted by the Secretary of State the developer must publicise this and set a deadline for the receipt of "relevant representations".

Certain persons or organisations, such as the applicant and local authority(s) in which the proposed developed is located, automatically become interested parties. Other persons, such as any member of the public, a statutory party as defined in the Schedule to the Infrastructure Planning (Interested Parties) Regulations 2010 (such as English Heritage), or a "neighbouring" local authority, can become an interested party at this stage by making a relevant representation (see s102 of PA 2008 as amended).

All interested parties, statutory parties and relevant local authorities will be invited by the Examining Authority to attend the preliminary meeting (s88(3A) PA 2008). Following the preliminary meeting any statutory parties or "neighbouring" local authorities that did not make a relevant representation will be asked whether they wish to become an interested party. Any statutory parties or "neighbouring" local authorities that did not make a relevant representation must respond to this request in order to become an interested party. For the avoidance of doubt, statutory parties who did not make a relevant representation in the prescribed form and do not notify the Examining Authority of their wish to be involved in the examination after the Examining Authority's decision on how to examine the application will not be an interested party.

All interested parties will be invited to take part in the examination, including being able to make further written representations about the application.

With regard to your query on whether parties must also de-register interest as well, s102 (1ZA) PA 2008 (as amended) allows for a person to cease to be an "interested party" for the purposes of this Chapter upon notifying the Examining Authority in writing that the person no longer wishes to be an interested party.