Advice to Peter Miller

Enquiry

• From: Peter Miller
• Date advice given: 25 July 2017

Mr Miller wrote to ask about the proposed Upper Orwell Crossings scheme. He asked that we clarify its current status and what happens next.

Advice given

The proposed Upper Orwell Crossings project has been identified as being of national significance and the Secretary of State has directed that it requires Development Consent. Therefore, it will follow the process set out in the Planning Act 2008 (PA2008) for such schemes, rather than being the subject of an application for planning permission, for example.

The PA2008 process requires consultation with the public before an application can be made, and applications are subject to an examination, which the public can participate in. This application is currently in the Pre-Application stage of the PA2008 process. During this stage, the Planning Inspectorate does not have any influence over the consultation activities undertaken by the developer, who will be consulting as required by the PA2008 process. You can find more information about the PA2008 process on our website, here; https://infrastructure.planninginspectorate.gov.uk/application-process/the-process/, and also in our advice notes which can be found on the website under the heading ‘legislation and advice’.

If you have views on the proposal, this is an important opportunity to participate in the process. During the Pre-Application stage the developer will be preparing their application documents to be submitted to us. At this stage the application has not been finalised, and as such we advise for any concerns related to the project or any of the developer’s consultation activities to be submitted directly to the developer, in order for your views to inform the application before it is finalised and submitted to us for consideration.

Once an application has been submitted, the Planning Inspectorate will scrutinise all of the application documents, including the evidence provided in the Consultation Report, applying the statutory tests set out in s55 of the PA2008. By the end of the Acceptance period the Planning Inspectorate (on behalf of the Secretary of State) must decide, in accordance with the tests in s55 of the PA2008, whether or not an application is of a satisfactory standard to be examined. If it is, there will be an opportunity to register to participate in the examination.

Because the scheme is at a relatively early stage, there is no page on our website specific to it.