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Advice to M Armstrong

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Enquiry

From
M Armstrong
Date advice given
20 June 2012
Enquiry type
Email
  1. Are Parish Councils classed as statutory consultees if an NSIP development takes place within their parish.
  2. If they are statutory consultees, do they have to register to make a representation and be able to make more detailed comments later.
  3. If they don't register will they be able to comment on the proceedings at any stage during the process anyway.
  4. If they are statutory consultees will they automatically be able to comment on the development at any stage during the process (even if they chose not to make a representation initially).
  5. If they are NOT statutory consultees, would they have to register a representaion to be able to take part in the proceedings.
  6. Are there any Advice Notes on your website for Parish Councils.

Advice given

  1. Are Parish Councils classed as statutory consultees if an NSIP development takes place within their parish?

The Infrastructure Planning (Interested Parties) Regulations 2010 specifies various bodies within its Schedule as "statutory parties for the purposes of s88 (3A)[of the Planning Act 2008]". These parties are ones that the Examining Authority must invite to the Preliminary Meeting held following the Examining Authority's initial assessment of the principal issues (See s88(3)(c) of the Planning Act 2008). The schedule identifies "the relevant parish council" as being a statutory party, noting that ""relevant", in relation to a body, shall mean the body which has responsibility for the location where the proposed nationally significant infrastructure project will be sited or has responsibility for an area which neighbours that location."

  1. If they are statutory consultees, do they have to register to make a representation and be able to make more detailed comments later?

Section 102 of the Planning Act (PA2008) as amended by the Localism Act 2011, and the Infrastructure Planning (Interested Parties) Regulations 2010, set out key bodies and individuals who can take part in the examination of NSIP applications. The statutory definition of an "interested party" is significant as interested parties are given important entitlements before, during, and after the examination process. These include the right to be invited to a preliminary meeting; the right to require and be heard at an open-floor hearing; the right to be heard at an issue-specific hearing, if one is held; the right to be notified of when the Inspectorate has completed its examination; and the right to be notified of the reasons for the decision.

General guidance on how to register and become an "Interested Party" can be found in our Advice Note 8.3 found at: http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/

The Localism Act 2011 made amendments to Section 102 of PA2008 with regard to Interested Party provisions. All interested parties, statutory parties and relevant local authorities will be invited by the Examining Authority to attend the preliminary meeting. Following the preliminary meeting any statutory parties including relevant parish councils that did not make a relevant representation will be asked whether they wish to become an interested party. Any statutory parties including relevant parish councils that did not make a relevant representation during the registration period 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.

  1. If they don't register will they be able to comment on the proceedings at any stage during the process anyway?

To ensure a parish council is fully engaged in the examination process, we would encourage parish councils to make a relevant representation in the prescribed form during the relevant representation period, thereby becoming an interested party.

If a relevant parish council does not make a relevant representation at the relevant representation stage, it will still get invited to the preliminary meeting and asked to notify the Examining Authority at the beginning of the examination whether they wish to become an interested party. If a parish council does not respond to this notification, they will not become an interested party and will not be contacted further in relation to the examination of the application.

Therefore if a parish council does not respond at this stage, it will not receive further notifications of key submission dates for further representations and comments etc, thus risking that these may be missed.

  1. If they are statutory consultees will they automatically be able to comment on the development at any stage during the process (even if they chose not to make a representation initially)?

Please see response to query 2 and 3 above.

  1. If they are NOT statutory consultees, would they have to register a representation to be able to take part in the proceedings?

Please see response to query 2 and 3 above.

  1. Are there any Advice Notes on your website for Parish Councils?

Although there are no specific Advice Notes for Parish Councils Advice Note 8.1-8.5 contains useful advice on how to get involved in the planning process. In particular:

  • AN 8.1 sets out how the process works, and how people can engage at the various stages;
  • AN 8.3 sets out how to make a "relevant representation" so that you can become an "interested party", giving you an opportunity to participate in the examination process;
  • AN 8.4 sets out further advice on how an application will be examined, including explanation as to the purpose of the Preliminary Meeting;
  • AN 8.5 sets out advice on the opportunities to participate in the examination (aimed at those who have registered as "interested parties").

All the above Advice Notes can be found on our website at: http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/