Advice to Ross Taylor

Enquiry

• From: Ross Taylor
• Date advice given: 8 April 2011
• Enquiry type: Phone

Confirmation of timeframes for the examination and decision/recommendation stages of the IPC process and whether there might be indication from the Examining Authority if they anticipate the completion of an examination and/or reaching a decision/recommendation in advance of the end of each period.

Advice given

S98(1) of The Planning Act 2008 sets out the timetable for examining an application. The Examining authority is under a duty to complete the examination of an application by the end of the period of 6 months beginning with the day after the start day. S98(2) explains that the start day is the day on which the Preliminary Meeting is held, or if that meeting is held on two or more days, that later or latest of those days. S98(3) outlines the timetable when an Examining Authority is required to make a report to the Secretary of State under s74(2)(b) or 83(2)(b).

S107(1) of the Planning Act 2008 sets down the timetable for the decision-maker to reach a conclusion, by the end of the period of 3 months beginning with the day after the start day. S107(2) sets of the various interpretations of start day depending on the eventual decision-maker. S107(3) though to s107(9) indicate occasions where a date for the deadline is later than the date for the time being set.

The Examining Authority has discretion to complete the examination or reach a conclusion/recommendation in advance of the 6 and 3 month respective deadlines set through the Act. Following discussion at a Preliminary Meeting, the Examining Authority will issue a letter which sets out how the application is to be examined. This procedural decision will include an Examination Timetable which will indicate the deadline for the close of the examination. If the Examining Authority needs to change that timetable for any reason, it will write to all interested parties. S99 of the Planning Act 2008 states that the Examining Authority must inform each of the interested parties when it has completed its examination.

It is clearly not possible to determine any deadline for an examination until an application has been received and an Examining Authority has been appointed. The IPC is committed to efficient decision-making and would not take any longer than is necessary in respect of each stage in the process.