1. Section 51 advice
  2. Advice in detail

Advice to Avon & Somerset Police

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Enquiry

From
Avon & Somerset Police
Date advice given
18 June 2012
Enquiry type
Email

Avon & Somerset Police have sought clarification as to the matters to be covered at the Issue Specific Hearing on 26 June 2012 to which they are invited.

Advice given

The Hinkley Panel have indicated that they would expect to hear comments on the draft s106 at the issue specific hearing to the extent necessary for them to understand its provisions and the bearing that those provisions would have on the DCO and the requirements contained therein. As you will appreciate, the detailed terms of the s106 are essentially a matter for the signatories thereto to agree.

A further follow up email was sent:

As indicated in the invitation that was sent to you on 30 May 2012, the Issue Specific Hearing arranged for 26 June 2012 will focus on the terms of the draft Development Consent Order (DCO) and particularly on the draft requirements in Schedule 11 of that document.

Avon and Somerset Police were invited to the Issue Specific Hearing because they have suggested that new requirements should be introduced in respect of such matters as security fencing; the provision of a dedicated area of the Hinkley Point C site for protests; the provision of a shuttle bus service; and the regulation of workers' conduct. It is for Avon and Somerset Police however to decide how they wish to be represented at the Issue Specific Hearing, but the attendance of a QC and Senior Officers will not be necessary.

The Examining authority has no jurisdiction over the Applicant's financial obligations to the police or any other body. Such obligations form no part of the proposed Development Consent Order, which is before the Secretary of State for consideration. The Applicant has separately submitted a draft agreement under section 106 of the Town and Country Planning Act 1990, which includes provision for financial payments to be made to the Avon and Somerset Constabulary and others. This may be the subject of further negotiation between the various parties concerned.

However, the Examining authority will take no part in those negotiations, and no Hearing has been arranged for their discussion. Nevertheless, when preparing their report to the Secretary of State, the Examining authority will take account of any obligations that the Applicant has entered into, together with any representations received from Interested Parties about the adequacy of those obligations.