Today (1 May) the Department for Infrastructure published new guidance on the Pre-Application Community Consultation (PACC) -Temporary Removal of Public Event Requirement. Here’s some of the key points and highlights:
Proposal of Application Notice (PAN)
Prior to submitting a major application, prospective applicants must give notice to the appropriate council, or as the case may be, the Department that an application for planning permission for the development is to be submitted. There must be at least 12 weeks between the applicant giving the notice and submitting any such application.
During the current emergency period the Department expects that specific detail will be included in the PAN indicating what consultation methods the prospective applicant is proposing to ensure that the local community is able to access, and comment on, information about a proposed development, despite the absence of a PACC public event.
Newspaper Advertisement
The requirement for a prospective applicant to publish a notice in a local newspaper circulating in the locality in which the proposed development is situated also remains, though the required content during the emergency will be as follows:-
The newspaper notice must contain:
a description of, and the location of, the proposed development;
details as to how information may be obtained concerning the proposed development;
a statement explaining how, and by when, persons wishing to make comments to the prospective applicant relating to the proposal may do so;
a statement that comments made to the prospective applicant are not representations to the council, or as the case may be, the Department, and if the prospective applicant submits an application there will be an opportunity to make representations on that application to the council or as the case may be the Department at a later stage.
In addition to the previously stipulated notice requirements, prospective applicants should indicate in this advert the alternative consultation arrangements which have been put in place.
Pre-application Community Consultation Report
The requirement for a prospective applicant to prepare a pre-application community consultation report to accompany the planning application remains. The report should confirm that pre-application consultation has taken place in line with the statutory requirements. During the emergency period, the report should also set out the steps that have been taken to facilitate community consultation in the temporary absence of the PACC public event.
Alternatives to a Pre-Application Community Consultation Public Event
There is an expectation that prospective applicants will replace the PACC public event with alternative consultation measures.
The intention should be to find alternative ways to enable the exchange of views that would otherwise be achieved by face to face interaction. Local councils also retain the ability to require additional consultation steps to those specified in legislation, however, when using these powers, councils should take into account the prevailing public health advice and the constraints this may put on a prospective applicant’s ability to comply with any additional requirements.
Prospective applicants should continue to ensure that their pre-application community consultation process will enable people to:
have access to information;
put forward their own ideas and feel confident that there is a process which enables those ideas to be considered; and
have an active role in developing proposals and options to ensure local knowledge and perspectives continue to be taken into account.
Prospective applicants may consider some of the following means of digital or remote consultation while being unable to hold a PACC public event:
Web-based Engagement
Social Media
Community Surveys
Information Sheets and Newsletters
