1. Section 51 advice
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Advice to English-Heritage

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Enquiry

From
English-Heritage
Date advice given
12 January 2011
Enquiry type
Email

English Heritage confirmed they have read through the notification letters and have queries regarding the issue-specific hearings.

  1. How likely would it be for the examining authority to decide to hold issue-specific hearing/s before the 13 May deadline, and will there be a deadline for notifying ExA of the wish to be heard at such a hearing (presumably not until after a hearing has been confirmed)?

2.We assume that the decision to hold a hearing will be based on the various documents presented during the earlier stages of the examination.

  1. We are not sure whether the above query needs to be raised at next week's meeting or whether it can be answered by email.

Advice given

Thank you for your e-mail in regard to the Rookery South energy from Waste facility, Preliminary meeting on behalf of English Heritage. I have the following information for you in relation to your questions on issue-specific hearings:

How likely would it be for the examining authority to decide to hold issue-specific hearing/s before the 13 May deadline?

You will note that the draft timetable for the examination has set aside a particular time period for any specific issue hearing should the examining authority decide that any are required. The final decision on whether any specific issues hearings are required and when they will take place will be made by the examining authority taking into account the discussions with interested parties at the preliminary meeting.

Will there be a deadline for notifying ExA of the wish to be heard at such a hearing (presumably not until after a hearing has been confirmed)?

The agenda for the preliminary meeting includes an item on whether any issue specific hearings are required. The Examining authority will give at least 21 days notice of any hearings. All interested parties will be invited to participate in any issue specific hearing and will be able, subject to the Examining authority's power of control over the conduct of the hearing, to make oral representations on the specific issue or issues being examined at the hearing.

We assume that the decision to hold a hearing will be based on the various documents presented during the earlier stages of the examination.

The decision on whether or not to hold a specific issue hearing will take into consideration the information submitted as part of the application, the representations received along with the matters raised orally at the preliminary meeting about how the application should be examined. The Examining authority will also consider whether it is necessary for a specific hearing to take place in order to ensure adequate examination of an issue or that an interested party has a fair chance to put forward its case. An open floor hearing may also be held where it has been requested by an interested party.

I hope this provides clarity on the questions raised; if you have any further queries, please do not hesitate to contact us.