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Advice to Mark Redding

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Enquiry

From
Mark Redding
Date advice given
19 January 2018
Enquiry type
Email

As you are probably aware South Northants is facing the prospect of two developments alongside each other and a relatively small group of people are dividing their time between putting a case against the two. The prospect of two massive SRFIs right on our doorstep is fairly unthinkable and the consequences devastating. We therefore need clarity on the planning process and to this end I was wondering whether you could answer a couple of questions for me.

  1. Following the Pre Application phase there is the Acceptance phase which lasts 28 days (I believe). This acceptance stage will start as soon as you receive the Applicant's formal application. Can you clarify whether they have to submit all their relevant documentation in one go i.e. on the first day of the 28 day acceptance stage? Will everything they submit to you become immediately available to the public on the PINs web site? If all the information is not required from day one can you clarify what they have to submit.

  2. Are we, as persons who have actively engaged in the planning process, allowed to give our views at the acceptance stage? If not how can the planning inspectorate know that the Developer has taken account of all of our responses? Can we submit the feedback we have already given to the Developer to the Planning Inspectorate to allow them to ensure that everything has been considered?

  3. The guidance note mentions the Local Authority commenting on the adequacy of consultation. Are others also allowed to comment on the adequacy directly or would we have to channel our views through the Local Authority?

  4. If we are able to see the Developer's submission and we believe that they have not followed due process then are we allowed to proffer this view?

Advice given

  1. Upon submission the Applicant would need to ensure that Regulations 5 and 6 of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 are complied with, as this sets out the statutory requirements for what must accompany a development consent application. I draw your attention to Advice Note (AN) 6: Preparation and submission of application documents and AN8: Overview of the National Significant Infrastructure planning Process for members of the public and others, specifically Appendix 1 of AN6, which provides a suggestion of documents to be submitted with an Application.

The Acceptance stage begins when a developer formally submits an application for development consent to the Planning Inspectorate, to act on behalf of the Secretary of State to determine whether the application meets the relevant standards to be accepted into Examination. The 28 day Acceptance period starts the day after the application is received. The decision as to whether the Applicants application documents will be published at the start of Acceptance is decided by the Applicant and confirmed at receipt of submission, if the Applicant agrees that the application documents can be published during the Acceptance Stage, the Planning Inspectorate will publish the application documents as soon as practicable upon receipt of the documents. If the Applicant doesn’t wish to have their application documents published, then the Planning Inspectorate would publish these documents at the same time the decision is made for the proposal. In the latter scenario the Planning Inspectorate would publish the Applicant’s application documents regardless of the decision to accept/refuse into the Examination (unless the Applicant withdraws the Application) and would be accompanied by the s55 checklist, decision letter, the Local Authorities response on the Applicant’s Adequacy of Consultation (AoC) and possibly s51 advice (if required).

  1. The acceptance stage would not be the appropriate time to provide views on the proposal. The applicant would need to submit as part of their application documents a consultation report, which details their consultation during the pre-application stage (incl. s42, s47, s48 consultation) and should also demonstrate whether they had taken responses into consideration during this process to inform their proposal. Furthermore, we would also request from the relevant Local Authorities during the acceptance stage their response to AoC. This should outline whether the local authority deems that the applicant had undertaken adequate consultation with all relevant parties during their statutory consultation. We would encourage you to liaise with the relevant Local Authority on any matters relating to the proposal as the Planning Inspectorate would take their AoC response into consideration during the acceptance stage. Information on the how to get involved during the pre-application period can be viewed via AN8 – 8.1: Responding to the developer’s pre-application consultation. Should the application be accepted into the Examination, the Applicant will need to issue a s56 notice to all interested parties on the decision to Accept the proposed development into Examination, as part of this notice the Applicant would need to define the period for the opening and closing of the Relevant Representation (RR) period, which must run for a minimum of 28 days. During this period, you will have your opportunity to outline any matters via submission of a RR form to the Planning Inspectorate. I would advise you to review AN8 – 8.2: How to register to participate in an Examination which provides practical advice on how to register a RR in order to formerly become an Interested Party (IP) during the Examination.

  2. The Planning Inspectorate will request at the start of the Acceptance stage that the relevant Local Authority provide a response to the Applicant’s AoC, which must be received within the statutory 28 day acceptance period and therefore as noted above we would encourage you to channel your views via the relevant Local Authority to address these and if necessary within their AoC to the Planning Inspectorate.

  3. Should a proposed development be accepted into Examination, then all the application documents submitted by the Applicant will be published to the project page for all members of the public to view. The Relevant Representation period would be the appropriate time to raise any issues/matters regarding the proposed development, which will be taken into consideration during the Examination period. I would advise you to review the following ANs to assist and inform you on how to influence an examination and attending any events during the Examination period, should an application be accepted. AN8 – 8.3: Influencing how an application is Examined: the Preliminary Meeting AN8 – 8.4: The Examination AN8 – 8.5: The Examination: Hearings and Site Inspections