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Advice to Beds and Central Beds Councils

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Enquiry

From
Beds and Central Beds Councils
Date advice given
5 April 2011
Enquiry type
Email

  1. In relation to s121 of the Planning Act 2008, when will the draft DCO be submitted to the Secretary of State? We take the view that it should not be submitted whilst it is still being considered and that in practice this should not be until at least the examination of the application has been completed, 15th July on the current timetable.

  2. What is the procedure which would be followed if the National Policy Statements are adopted before the decision of the Secretary of State on the application. Whilst this was acknowledged by the Examining Authority at the time and in the notes of the Preliminary Meeting (paragraph 3.23), and we are reassured by what is there, we would be grateful for clarification of the procedure proposed, and for the opportunity to make representations about what is suggested. We would like it to be noted that Mr Brock drew attention to the possibility of using Article 17 of the Examination Procedure Rules but that there appears to be a lacuna once the examination is complete.

Advice given

  1. Where the Panel of Commissioners proposes to make an order granting development consent, it is a matter for that Panel to decide when the draft DCO should be submitted to the Secretary of State. In doing so, you can be assured that the Commissioners will act within their powers and will send the draft DCO at an appropriate time within the framework.

  2. The IPC is aware that the Government is considering the energy NPSs in the light of events in Japan and will be making an announcement about the timetable as soon as the situation is clarified. In the event that there are material changes made to a draft NPS on which interested parties' representations have been based, when it is designated and where those changes are relevant to the examination of an application, the IPC will endeavour to ensure interested parties are given the opportunity to make representations solely on the effect of those changes. In all cases the IPC will adhere to the Infrastructure Planning (Examination Procedure) Rules 2010 and work within its powers. Government departments are aware of the IPC's concerns to ensure such an opportunity is provided to interested parties.