Advice to Val Bannister
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- From
- Val Bannister
- Date advice given
- 24 February 2012
- Enquiry type
Councillor Bannister sent an enquiry whether possible amendments to the Hinkley Point C application would be an infringement of the IPC process and how this could be reconciled with the need for public consultation.
Advice given
Thank you for your recent email regarding your concerns about possible post-submission changes to the Hinkley Point C application by the applicant.
In certain circumstances it may be possible for an Examining Authority to consider changes to an application. This would depend on the scope and effects of the proposed amendments and such decisions are made on a case by case basis.
There are a number of legal principles which the Examining Authority would need to take into account when deciding whether it could consider a change to an application. It would need to consider whether the proposed change would result in the application becoming substantially different and also if any interested party or member of the public who may be affected by the changed application would be deprived of an opportunity to express their views, and have them taken into account.The Examining Authority may also need to consider what publicity has been carried out to enable all those who may be affected to become aware of the proposed change.
There is no particular procedure within the Infrastructure Planning (Examination Procedure) Rules 2010 which sets out how any changes to an application must be examined. The Examining Authority has general powers to extend the examination timetable if it considers this to be necessary in order to ensure further consultation on any changes. It could do this to allow further time so that interested parties are consulted on the effect of the proposed change. This will enable interested parties and others to make further representations.
In assessing any proposed change to an application that has been accepted for examination, the Examining Authority will need to act in accordance with the principles of natural justice which include fairness and reasonableness.
This approach is supported by the ministerial advice from Bob Neil MP, Parliamentary Under Secretary of State for the Department of Communities and Local Government. His letter on this subject can be found on our website by using the link provided below.
The IPC?s decision on amendments to the application for the energy from waste scheme at Brig y Cym, which is referenced in Bob Neil?s letter, may also be of interest.