Advice to Mike Taylor
Back to listEnquiry
- From
- Mike Taylor
- Date advice given
- 21 April 2020
- Enquiry type
Please see attached
Advice given
Dear Mr Taylor Thank you for your email and attachment. As you are aware the process for applying for a Development Consent Order (DCO) is set out in the Planning Act 2008 (as amended). The timing of the application is at the discretion of the Applicant. Should the application be accepted an Examining Authority (ExA) will be appointed (on behalf of the Secretary of State(SoS)) to examine it and subsequently make a recommendation to the SoS, who will then proceed to issue a decision on the proposal. The process for deciding an application and the criteria for assessment are clearly set out in Chapter 5 of the Planning Act 2008. In particular section 104 describes what the SoS must have regard to in cases where a National Policy Statement has effect. Before making a recommendation to the SoS the role of the ExA is to consider whether the impacts of a development on the local community and environment outweigh the national need for it. As you are aware the need for an infrastructure development is set down in an NPS. It is not the ExA’s role to examine the merits of Government Policy set down in NPSs that have been laid in Parliament and designated. The ExA can however consider comments on how an application complies or conflicts with national policies. With regard to climate change please note that the ExA will assess and test a range of issues during an Examination including the European, National, Local Law and Policy context. The Pre-examination stage includes a Relevant Representation period when those who wish to fully participate in the Examination must register to become an Interested Party. This provides an opportunity for parties to put forward their views about the application and the appointed ExA can consider these views when carrying out their initial assessment of principal issues before the Preliminary Meeting. Once the Examinations has started registered Interested Parties can submit further Written Representations to expand on those views or set out their case. Further information about the content of Interested Parties Written Representations can be found in the Planning Inspectorate’s Advice Note 8.4: https://infrastructure.planninginspectorate.gov.uk/wp-content/uploads/2013/04/Advice-note-8-4v3.pdf I hope the above information is helpful. Kind regards Michele Gregory Sizewell C Case Team National Infrastructure Planning