Skip to main content
Find a National Infrastructure Project

Beta This is a beta service - your feedback will help us to improve it

Advice to Sirius Minerals

Back to list

Enquiry

From
Sirius Minerals
Date advice given
28 November 2011
Enquiry type
Email

Richard Hunt of Sirius Minerals requested further information on the construction of a consultation list required as per Section 42 of the Planning Act 2008.

Advice given

Dear Richard,

Thank you for clarifying which project you are referring to in your earlier email.

I note in the attached agenda to your previous email that you do not anticpate the need to undertake formal scoping under Regulation 9 of the Environmental Impact Assessment Regulations 2009 ('the EIA regulations').

The consultation list referred to in my previous email was in regard to the list of statutory consultees compiled by the IPC for the purposes of complying with regulation 9 of the EIA regulations: 'Procedure to facilitate preparation of environmental statements' when undertaking our duties as per regulation 8 of the EIA regulations: 'Application for a scoping opinion'.

As you feel there is no need for this process then I presume you are referring to your formal pre-application consultation requirements as per Section 42 of the Planning Act 2008 ('the Act') which prescribes the necessary consultees to be consulted with under s. 42 of the act - which are:

(a) such persons as may be prescribed, (b) each local authority that is within section 43, (c) the Greater London Authority if the land is within Greater London, and (d) each person who is within one or more of the categories set out in section 44.

I would also bring your attention to section 46 of the Act: 'duty to notify Commission of proposed application' which states:

(1) The applicant must supply the Commission with such information in relation to the proposed application as the applicant would supply to the Commission for the purpose of complying with section 42 if the applicant were required by that section to consult the Commission about the proposed application; and

(2) The applicant must comply with subsection (1) on or before commencing consultation under section 42.

For the purposes of complying with s. 42 (a), the relevant persons as prescribed are found in schedule 1 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009. For convenience, I have attached a link to the aforementioned regulations and the Planning Act 2008 for your perusal and aid when compiling a list of consultation bodies as per Section 42 of the Act.

The Environmental Impact Assessment Regulations 2009 ('the EIA regulations'): http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/uksi_20092263_en.pdf ; and

The Planning Act 2008: http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/ukpga_20080029_en.pdf; and

The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009: http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/uksi_20092264_en.pdf ;

I hope this has answered your query, however, if you have any further queries, please do not hesistate to contact myself.