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Advice to Jamie Robertson

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Enquiry

From
Jamie Robertson
Date advice given
9 March 2011
Enquiry type
Email

In relation to http://infrastructure.independent.gov.uk/projects/south-west/hinkley-point-c-new-nuclear-power-station/ I have recently written to the developer questionning the adequacy of its current consultation and included in their reply is the statement: "The Planning Act 2008 requires a minimum statutory consultation period of 28 days. The IPC has very recently issued advice (on its register of advice) confirming that there is no obligation on the applicant to extend this minimum consultation period."

I am not doubting this, though given the large and complex nature of the projects concerned I would have thought a consultation period more in line with the Government's own Code of Practice on Consultations would be more appropriate.

However, I have - admittedly briefly - skimmed through your advice notes 1 and 2 issued this month and cannot explicitly see the comment EDF refers to. Have I missed something? Perhaps you could direct me to the weblink which will enable me to see the advice that EDF is quoting?

Advice given

Thank you for your email. I apologise for the delay in replying to you.

Firstly, I should say that the advice being quoted by EDF is correct. There is no obligation on the applicant to extend the minimum consultation period. However, the IPC will consider whether or not pre-application consultation has been adequate when an application is submitted, and we will consider whether or not the applicant has complied with published guidance when making that decision. We will also seek the views of the local authority, so you may wish to make any concerns known to them.

The 2008 Act requires the IPC keep a register of advice that we give, to any party. We call this our ?advice log?, and it is accessible via our website at http://infrastructure.independent.gov.uk/. It contains a significant amount of information and so I cannot be certain which advice EDF is quoting, but the issue of the minimum period for consultation was raised in our meeting with Stop Hinkley Group on 1 December 2010. It is recorded on page 6 of the notes, which can be found at http://infrastructure.independent.gov.uk/wp-content/uploads/2011/01/101201_EN010001_SHG_meeting_note.pdf.

Yours,