UK: New Guidance Has Been Published By The Department For Communities And Local Government On The Pre Application Process Under The Planning Act 2008.

The guidance, published on Friday relates to Chapter 1 and Chapter 2 of Part 5 of the Planning Act 2008. Applicants are required under the Planning Act to have regard to this guidance during the pre-application stage of an application for Development Consent.

The Guidance focuses on the need for transparency and efficiency throughout the process and is concerned with guiding applicants on how the requirements under the Planning Act 2008 should be fulfilled as well as informing consultees about their role in the process. 

The guidance is clear that; “effective pre application consultation will lead to applications which are better developed and better understood by the public and in which the important issues have been articulated and considered as far as possible in advance of submission”. Other significant benefits highlighted include; early resolution of misunderstandings, consideration of mitigation measures and identifying ways in which the project could support wider strategic or local objectives. The guidance notes how important it is to use the pre application stage to refine proposals as there is limited scope to revise them once the scheme is in examination.

The guidance also indicates that; “consultation should be thorough, effective and proportionate.” It refers to the relevant sections of the Planning Act 2008 and elaborates on each requirement including clarifying who should be consulted and how they should be consulted. The document also contains specific guidance on Offshore project requirements.

The document states that; “To realise the benefits of early consultation on a project, it must take place at a sufficiently early stage to allow consultess a real opportunity to influence proposals. But equally consultees will need sufficient information on a project to be able to recognise and understand the impacts.” The guidance recognises that each project has very different impacts and different requirements and therefore does not impose requirements in relation to the timing and duration of consultation.

Guidance is also provided in relation to the production of the Interim Consultation Report, setting out what the report should include and the way in which applicants should inform those who have contributed to the consultation of the results of the exercise.

The document also contains brief sections in relation to EIA and HRA requirements, including PEIR and consultation with relevant statutory (and non-statutory) bodies. Finally, the guidance contains details of the general scope of the draft DCO. The guidance notes that several options may be included in a draft order where it is difficult for an applicant to identify which is the preferred option.

One key feature of this document compared to previous versions is the inclusion of a section relating to the publication of applications. Here, DCLG indicate that, with the agreement of the applicant; PINS will publish application documents on the relevant project page on the NSIP portal as soon as practicable on submission. “This is for the purpose of allowing more time to all those who wish to become familiar with the detail of what is being proposed ahead of the relevant representation period without lengthening the overall time required for the application process.”

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