Advice to Sandra Betts

Enquiry

• From: Sandra Betts
• Date advice given: 12 November 2021
• Enquiry type: Post

in relation to Nationally Significant Infrastructure Projects (NSIPS) in the Norfolk County Council area

Advice given

Thank you for your letter dated 13 October 2021 in relation to Nationally Significant Infrastructure Projects (NSIPS) in the Norfolk County Council area; the contents of which are noted. Firstly, during the examination of an NSIP, it is open to Interested Parties (IP) to submit any information that they consider relevant. As such, if you have registered as an IP for the applications that are currently in examination, you may submit information on the relevance of the Norfolk Vanguard Judgement to that project, by the deadlines set out in the examination timetables, if you consider it relevant to the application that is being examined. If you have not previously registered as an IP you may still make a submission for the relevant cases before the examination closes; you may do so by e-mail to the relevant project mailbox, the details for which are available on the respective project pages on the National Infrastructure website. However, please be aware that only parties that have previously registered are entitled to make submissions during an examination. The Examining Authority (ExA) will exercise its discretion whether to accept submissions from parties that have not registered as IPs. For the applications that are yet to be submitted, an opportunity to register as an IP will be available at a later date, if the applications are accepted for examination. Examining Authorities consider all information submitted during an examination when preparing Recommendation Reports to the SoS. Each Recommendation Report will National Infrastructure Planning Temple Quay House 2 The Square Bristol, BS1 6PN Customer Services: e-mail: 0303 444 5000 nienquiries@planninginspectorate.gov.uk https://infrastructure.planninginspectorate.gov.uk contain a chapter relating to the legal framework, in which it lists the relevant National Policy Statements (if applicable), as well as other national and local policies that are applicable. It will also reference any case law that has been raised during the examination which the ExA considers relevant to the application. The Report will consider the planning merits of the proposal, against the policy framework, and recommend whether Development Consent should be granted. The Secretary of State for Business, Energy and Industrial Strategy (BEIS) will of course be aware of the Judicial Review of its decision on the Norfolk Vanguard application; that case is currently with BEIS to be re-determined. Sections 104 and 105 of the Planning Act 2008 specify what information the Secretary of State must have regard to when deciding applications for Development Consent. This includes “any other matters which the Secretary of State thinks are both important and relevant to the Secretary of State’s decision”. It is open to you to write directly to BEIS, and the Department for Transport, to raise this matter, if you wish. I hope this is of assistance. Yours sincerely, Jake Stephens