Advice to David Hodcroft

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Enquiry

From
David Hodcroft
Date advice given
30 November 2011
Enquiry type
Email

In regards to consultation with local authorities in Greater Manchester; how do you account for the inclusion / exclusion of some of the authorities in Greater Manchester. For example, the Walney Extension Offshore Wind Farm includes consultation with Rochdale, Bury, Wigan and Bolton. Why not Salford?

Advice given

The Planning Act 2008 provides that host local authorities ('B' Authorities), and local authorities which share a boundary with host local authorities ('A' Authorities), are statutory consultees. The definition of "local authority" in S43(3) of the Act includes both county and district councils, and so a district council which borders the host county council is a statutory consultee despite potentially being at some distance from the site of the proposed development.

Using as an example the Heysham to M6 Link Road; based on the site boundary information provided by the applicant, the host authorities ('B' Authorities) are Lancaster City Council and Lancashire County Council. The 4 Greater Manchester Local Authorities ('A' authorities) which were consulted (Rochdale, Bury, Bolton and Wigan) share a boundary with Lancashire County Council, whereas Salford and the remaining Local Authorities in Greater Manchester do not and so where not consulted.

Please note that we have no discretion as to which local authorities fall within the definition in S43. As a result, even if a host or neighbouring authority requests not to receive correspondence, we are under a statutory obligation to consult them (although they are under no obligation to respond). Similarly, we cannot entertain requests to become a statutory local authority consultee from bodies that do not meet the definition in S43, though of course we are happy to explain how they can participate in the process.

For further information please find a link to IPC Advice Note 3: http://infrastructure.independent.gov.uk/wp-content/uploads/2011/07/Advice-note-3-Consultation-and-Notification-undertaken-by-the-IPC.pdf.