Cyfarfod gyda Gatwick Officers Group

Ymholiad

• Cyfarfod gyda: Gatwick Officers Group
• Dyddiad y cyfarfod: 18 Tachwedd 2022
• Math o ymholiad: Meeting

In relation to post-submission, we have a specific question at this stage about process. Our understanding was that the post-acceptance/pre-examination stage would take three months but GAL has suggested that it determines how quickly the application moves to the examination stage. We also understand that GAL will publish a S56 notice giving 28 days’ notice (is this a minimum?) for Relevant Representations to be submitted. Is there a deadline after acceptance when PINS would expect GAL to publish the S56 notice? If not, this would suggest that GAL could prolong the pre-examination phase indefinitely. Also, we understand that S58 requires GAL to inform the Secretary of State (SoS) that the S56 notice has been served. Again, is there a deadline after serving the S56 notice that GAL would have to inform the SoS under S58, which presumably triggers the request for local authorities to submit their Local Impact Reports under S60. Lastly (and understanding that your answers to the above questions are relevant), if GAL’s submission is accepted by the end of April 2023, when would the Preliminary Meeting likely take place? In July 2023 (i.e. three months after acceptance) or would PINS delay until after the summer holidays, so in September 2023?

Cyngor a roddwyd

In respect of your question regarding the length of the Pre-examination stage, please note that this stage starts from the day after the issuing of an Acceptance decision, and finishes on the day that the Preliminary Meeting is concluded. There is no statutory timeframe for this stage, and its length is applicant-driven to some extent, in that an applicant would determine when the Relevant Representation period opens; however, the (former) Department for Communities and Local Government’s (DCLG) Examination Guidance states that ”the Secretary of State’s expectation is that, in most cases, [the preliminary meeting] should take place within a period from six weeks to two months from receipt of the relevant representations” (paragraph 40). In response to your query about section 56 notices, an applicant’s section 56 notice would need to provide a period of at least 30 days for Relevant Representations to be submitted to the Planning Inspectorate, on the assumption that the Proposed Development is Environmental Impact Assessment (EIA) development. The minimum timeframe is 28 days only for projects that are not EIA development. As mentioned above, the start of the Relevant Representation period is applicant-driven, and the Planning Inspectorate does not have the power to compel an applicant to issue its section 56 notice and start the Relevant Representation period within a certain timeframe; however, the DCLG Examination Guidance states “Rarely, applicants may wish to delay the start of the examination of an accepted application. Such a delay may be appropriate, depending on the circumstances, but should be kept to the minimum period necessary. This will limit the risk that the application, including pre-application consultation and environmental information, will no longer be sufficiently current to form the basis of an examination” (paragraph 45). You have also queried whether there is a deadline by which an applicant must issue its section 58 certificate, which certifies compliance with section 56 of the Planning Act 2008. Regulation 10 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 confirms that the section 58 certificate must be provided to the Planning Inspectorate within the period of 10 working days following the end date of the Relevant Representation period. The Examining Authority will subsequently determine the date for submission of Local Impact Reports. It is common for this date to be confirmed in the Rule 6 letter (the notification of the Preliminary Meeting, incorporating a draft Examination Timetable), and then again in the Rule 8 letter (the final Examination Timetable) following the Preliminary Meeting.” Regarding your final question, the date of the Preliminary Meeting will depend on several factors, including the dates for the Relevant Representation period, and various logistical and procedural considerations. The date of the Preliminary Meeting is confirmed by way of a Procedural Decision in the Rule 6 letter from the Examining Authority appointed during the Pre-examination stage, and therefore is it not possible to determine the date ahead of this decision being made. Nevertheless, the DCLG Examination Guidance (as referred to above) provides an indication of what is considered to be a suitable length of time for the Preliminary Meeting to take place after the Relevant Representation period has closed under normal circumstances.