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Advice to Clifton Marsh Power

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Enquiry

From
Clifton Marsh Power
Date advice given
11 December 2013
Enquiry type
Email

The advice given to the applicant on key aspects of the pre-application stage.

Advice given

Key aspects of the pre-application I covered in our conversation. Please note the responsibility to ensure compliance with the legislation rests with the applicant. Please also see our Advice Notes and DCLG Guidance available from the link below:

http://infrastructure.planningportal.gov.uk/legislation-and-advice

In addition, I attach a template for information we require from the applicant in order to register each project on our website. I would be grateful if the information for each case could be provided to us as soon as you are able to so I can assign project resources and the website to be set.

Environmental Impact Assessment Regulations 2009 (as amended)

Before formal consultation under section 42 of the Planning Act 2008 (as amended) can commence, you need to notify us under Regulation 6 of the EIA Regs.

If you wish to request a Scoping Opinion from our Environmental Services Team, the shapefile with the proposed development boundary should be submitted to us at least 10 days before you submit your Scoping Request to us, see link to relevant Advice Note 7 below:

http://infrastructure.planningportal.gov.uk/wp-content/uploads/2013/07/Advice-note-7v3.pdf

General EIA advice can be found in Advice Note 3, available from the link below:

http://infrastructure.planningportal.gov.uk/wp-content/uploads/2013/07/advice_note_3_v5.pdf

Please could you provide your intended dates for scoping as soon as possible so that we can plan the necessary resources to handle the requests.

Consultation with statutory consultees under section 42 of the Planning Act 2008

You must notify us formally about the proposed application under s46 of Planning Act, before you commence your consultation under s42 of the Act. Please note that at the same time you will need to provide us with your proposed consultation material that you intend to use for the purpose of the consultation under s42.

Consultation with local community under section 47 of the Planning Act 2008

Consultation under s47 can commence before the s46 notification is submitted to the Inspectorate. Before commencing your consultation under s47, you will need to prepare Statement of Community Consultation (SOCC) explaining how you intend to consult with the local community. Before preparing such SOCC, you'll need to formally consult relevant local authorities (within which the projects sit) on the content of the SOCC. You must have regard to any comments received on the content of the SOCC. The applicants have regard to government DCLG Guidance when undertaking their pre-application consultation.

You should carry out community consultation in accordance with the SOCC what should be later explained clearly in your Consultation Report (see Advice Note 14)

Consultation under section 48

You also have a duty to publicise your application in line with this section, in the way as prescribed in the secondary legislation (Applications: Prescribed Forms and Procedures) Regulations 2009

Duty to have regard to consultation responses - section 49

Your consultation report, to be submitted with the application, should clearly demonstrate how you have had regard to any comments received under formal consultation. We also encourage you to cover any non-statutory consultation and responses in this document in order to understand how the project progressed as a result of various phases of your consultation including non-statutory phase.

Consents outside the Development Consent Order

You'll need to submit details of any other consents you require, along with your application. For proposals in England, the Consents Service Unit (CSU) can advise currently on 12 key non-DCO consents, however we advise applicants to identify all consents early in pre-application as they may relevant to any examination. You can contact the CSU directly and their details provided below:

http://infrastructure.planningportal.gov.uk/legislation-and-advice/consents-service-unit/

Statements of Common Ground

It is advisable that applicants work on Statements of Common Grounds (SoCGs) with any relevant parties where possible, as early as possible, and for submission with an application.

Submission of draft documents

Once consultation is complete, and your application documents are being prepared, we encourage applicants to submit their draft application documents for review. This is to identify potential technical or procedural aspects with the application. From experience this can be an iterative process of between 2 and 3 months before submission.

Further advice on preparation of an application can be found here:

http://infrastructure.planningportal.gov.uk/wp-content/uploads/2013/04/Advice-note-6-version-5.pdf As advised, once an application is submitted there is very limited scope to amend it, and the emphasis at pre-application is on working with consultees to identify issues with the application that may require changes and / or mitigation.

National Policy Statements

Attached is a link to the National Policy Statements against which the applications would be assessed as part of the overall examination

http://infrastructure.planningportal.gov.uk/legislation-and-advice/national-policy-statements/

The applicant was advised to provide the Inspectorate with initial project information in order to register the project.