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Advice to Chris Dent - Sustrans

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Enquiry

From
Chris Dent - Sustrans
Date advice given
14 August 2013
Enquiry type
Email

Are applicants expected to / obliged to consult with Sustrns and how does Sustrans engage in the planning process. Many of Sustrans' routes are not bridleways / rights of way.

Advice given

The following advice was provided:

Although Sustrans is not included on the list of prescribed consultees which the applicant must consult with, Sustrans may fall within one of the three categories of persons with an interest in the land in accordance with section 44 of the Planning Act 2008 (as amended) for some projects. If Sustrans is identified by the applicant as falling within a section 44 category, the applicant will have a duty to consult with Sustrans at the pre-application stage.

If Sustrans is within a category of section 44 for an application, they will automatically become an interested party and will be involved in the examination. If not, Sustrans can register as an interested party following the acceptance of an application.

The Planning Act 2008 process is frontloaded, therefore if Sustrans has comments to make on a proposal, these should be raised at the pre-application stage to enable the applicant to take account of the comments prior to submitting their application. Once an application is submitted there is limited scope for changes to the proposals.

Sustrans may be listed in the book of reference for some projects, however the part of the book of reference in which they may be listed depends upon the level of interest held.

The National Infrastructure section of the Planning Portal website displays the projects currently at all stages of the process including the applicant's contact details.

Please note that there are outstanding changes not yet made to the following pieces of legislation:

Section 44 of the Planning Act 2008: http://www.legislation.gov.uk/ukpga/2008/29/contents

Regulation 7 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009: http://www.legislation.gov.uk/uksi/2009/2264/contents/made