Advice to Emilia Hanna
Back to listEnquiry
- From
- Emilia Hanna
- Date advice given
- 7 December 2011
- Enquiry type
What I am concerned with is what the duties are on the local authorities in respect of them taking on board representations from their electorate. Surely they are obliged to form their opinion based in part on the views of the public - however, is there any detailed guidance outlining that this is indeed the case?
And thanks again once more with dealing with my query as to whether local authority reps who would usually sit on planning committees are obliged to not let their views be known on applications.
Advice given
Ultimately it is up to the Local Authority to include what it feels is relevant in an Adequacy of Consultation document or Local impact Report (LIR).
The legislation does not obligate Local Authorities' to take on board representations from their electorate when producing these reports. Alternatively, The IPCs Advice Note 11 suggests what could be included within a LIR.
The IPCs Advice Note 11 notes that; "Parish councils, organisations and members of the public may have made representations to the local authority...The LIR could include reference to these representations, but only where they are relevant to a particular local impact which the local authority itself wants to highlight. To make a relevant representation about the application, interested persons must register their interest with the Commission at the appropriate time."
Local Authorities may wish to apply this to representations received from their electorate; highlighting any comments within the report which they feel is relevant but also making the electorate aware that they may submit a representation to the IPC themselves at the appropriate time.
It may be useful to view Adequacy of Consultation reports on active projects such as Hinkley Point C, and LIRs submitted in relation to Rookery South and Brig y Cwm. These demonstrate that in practice LIRs have taken into account comments received from the public and concerns raised by members of the Councils Planning Committee.