1. Section 51 advice
  2. Advice in detail

Advice to EDF

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Enquiry

From
EDF
Date advice given
4 April 2012
Enquiry type
Phone

  1. At what point would it be sensible for any revised DCO to be submitted to the examination to give parties an opportunity to comment on any revised drafting of requirements or DCO provisions?

  2. What format should documentation take regarding the proposed compulsory acquisition of land; would the ExA wish to see the history of negotiations betweens the applicant and landowners?

Advice given

  1. The Inspectorate advised that any representations should be submitted to coincide with one of the deadlines set in the examination timetable as any documentation received would be uploaded and all parties would be aware it had been submitted and was available for comment. It was also possible to submit documents at a hearing and that these would be published as documents submitted at the hearing, however, it would assist to narrow issues discussed at a hearing if parties had sight of those documents at an earlier stage. There was nothing to stop the applicant discussing issues with certain interested parties in order to reach agreement on some issues outside the formal examination process and then putting forward an agreed view at the examination so that all interested parties had an opportunity to comment.

  2. The Inspectorate advised that the content of the representations to support the compulsory acquisition case is a matter for the applicant to determine based on the facts in each case and the representations made by the affected persons. With regard to the format, I advised that the applicant may wish to consider setting out its views to support its case by reference to each plot of land listed in the book of reference.