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[Topic/Question] Can changes to a Statement of Community Consultation (SoCC) be made if they are 'enhancements' and are agreed with the relevant local authority, without preparing and publicising a new SoCC? [Answer] 
Once a SoCC has been advertised there is only limited flexibility to vary how the developer is to carry out the consultation set out in the Statement, without needing to prepare and publicise a new SoCC. The degree of flexibility that may be possible in each case will, amongst other things, depend on how the particular Statement is worded, and whether any departures from what is set out in the SoCC have been notified to and agreed beforehand with the relevant local authority. The developer may, for example, be able consult more widely and/or more extensively than is required by a SoCC without having to prepare and publicise a new SoCC. However, if the changes, for example, resulted in fewer people and/or a smaller area being consulted than required under the SoCC, then this may not be sufficient to show compliance with s.47 of the Planning Act 2008 as amended. In any event, the developer should explain the approach taken to carrying out their s.47 consultation in their Consultation Report. If s.47 has not been complied with then there is a risk that an application may not be accepted. This is because there is a statutory duty on developers under s.47(7) to carry out their local community consultation in accordance with the proposals set out in the Statement, and the Secretary of State may only accept an application if, amongst other matters, he is satisfied that the applicant has complied with the pre-application procedure including s.47. The adequacy of any consultation is a matter for the Secretary of State to consider in each case under s.55 of the Planning Act 2008, and we cannot pre-judge what decision he might make.
Frequently asked questions | National Infrastructure Planning
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