Non-Statutory Consultee status for LEAAG
In response to our letter of application to Cornwall Council for LEAAG to become non-statutory consultees pertaining to any planning matters relating to Land's End Aerodrome, we received the following reply.
"I am pleased to confirm that should we receive an application with regard to Land's End Aerodrome we will seek the comments of LEAAG before the officer writes his report/recommendation."
Although we welcomed this statement, we sought confirmation that this was the same as non-statutory consultee status, which would involve LEAAG in pre-application discussions, if invited. The government recommends that local planning authorities should encourage and facilitate pre-application consultation between relevant parties. The letter above only prescribes notification after the planning application has been submitted.
LEAAG has continued to seek clear advice from the council concerning LEAAG’s status as non-statutory consultees and has just received the following letter from Paul Edgecombe, Interim Group Leader, Planning and Regeneration, Cornwall Council to C.Passingham LEAAG 15/6/09
"Land's End Aerodrome
I refer to previous correspondence and telephone conversations which concerns the above. I also refer to the message that you left on my voice mail today.
I write to place on record the response to your telephone call and so there is no misunderstanding. In the voice mail messages that you have left you reiterated your contention that your organisation, LEAAG should be considered non-statutory consultees and asked that this council will confirm such a status, which in your opinion will give you a greater chance of being involved in any pre-application discussions that concerns the aerodrome.
Before writing this letter I have referred to the document that you identified in your telephone call, the DCLG Statutory and Non Statutory Consultation Report, which was a 2001 consultation document. I have also referred to Circular 9/95 General Development Order Consolidation 1995 which identifies that non statutory consultees as those specified organisations that the government advises in ' various circulars and other guidance' should be consulted on development proposals. I have also discussed your contention with fellow planners and have received advice from one of the Council's Planning Solicitors, who confirms that you cannot be considered a non-stutory consultee, but can be informed of any application that is submitted on the site. She also confirms that there is no right for non-statutory ( or statutory) consultees to
be involved in pre-application discussions, but that, where appropriate, they could be invited to pre application discussions, as could any other party or individual.
From all that I have read and have been advised, I cannot confirm that your organisation is a 'non-statutory consultee.' However I would re-iterate that you will be given the opportunity to comment on any planning application that is submitted for development on the aerodrome and your interest in any development that is proposed on the site has been recorded on the history file for the site. Your wish to be involved in any pre-application discussions has also been noted."
We will update members on any future developments concerning this issue.
