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Advice to Brian Sumpton

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Enquiry

From
Brian Sumpton
Date advice given
21 June 2017
Enquiry type
Email

I do understand that every situation is unique and the appointed Planning Inspector has to use his own judgement in making his recommendations to the Secretary of State. Section 5.184 of the NPSNN states that consideration needs to be given to the use, character, attractiveness and convenience of the right of way. To a lay person this would appear to have very similar meaning to the wording in the 1980 Highways Act. in that a diverted path should not be substantially less convenient to the public [in terms of being less scenic and less convenient in terms of distance and accessibility].

My question is - am I missing something or would the above considerations be the things that a Planning Inspector would take into account when making a recommendation?

Advice given

An appointed Examining Authority would be required to have regard to the content of the National Policy Statement for National Networks (NPSNN) in making its recommendations to the Secretary of State (eg the mitigation considerations in paras 5.184 and 5.185). Moreover, the Secretary of State must make its decision in accordance with the NPSNN.