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Advice to RES New Ventures

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Enquiry

From
RES New Ventures
Date advice given
27 July 2012
Enquiry type
Email

Please can you inform me of when the next payment request will come from PINS and its likely value. This would be very useful for budgeting purposes.

Advice given

Dear Chris,

The next fee which The Planning Inspectorate will issue to RES UK & Ireland Ltd, in respect of the Port of Blyth Biomass Power Station is the fee required under Regulation 8 of The Infrastructure Planning (Fees) Regulations 2010 (the Fees Regulations 2010): the 'Initial payment in respect of the handling of an application'.

As per regulation 8 (1) of the Fees Regulations 2010, this request will be made following the Preliminary Meeting 'as soon as reasonably practical' and will give notice of the following:

a) The number of estimated relevant days of the examination for the proposal (an 'estimated relevant day' meaning a day estimated by the Examining authority as required for examining the application).

b) whether the application is to be handled by a Panel or a Single Examining Inspector, and if a Panel, the number of Commissioners who are to be appointed (a Single Examining Inspector in this instance as confirmed in the recently issued Rule 4 letter of The Infrastructure Planning (Examination Procedure) Rules 2010 (The Examination Rules 2010); and

c) the initial payment, which, for the purposes of the Blyth Biomass Power Station means that: 'the examination is to be handled by a Single Examining Inspector, £615 for each 'estimated relevant day'.

I have included a link to the Fees Regulations 2010 for your perusal and future reference. You may find it useful to use the recently issued Rule 6 letter of The Examination Rules 2010 and the appended timetable for the examination to roughly calculate the initial payment.

Fees Regulations 2010: http://www.legislation.gov.uk/uksi/2010/106/pdfs/uksi_20100106_en.pdf

The examination of the application will formally commence the day after the 'start day' (the preliminary meeting) as per s98 (1) of the Planning Act 2008 as amended ('the 2008 Act') and will end as per the date given in the procedural decision issued under s99 of the 2008 Act. For the purposes of calculating the number of 'estimated relevant days' then the 'start day' should be included in the calculation.

A further fee is required under Regulation 9 of the Fees Regulations 2010 'Final payment in respect of the handling of an application' which will be issued again, as soon as reasonably practicable following notification of the completion of the examination under s99 of the 2008 Act.

I must stress however, when calculating a provisional figure, that that timetable issued under Rule 6 of The Examination Rules 2010 is subject to change following the Preliminary Meeting.

I trust this has proven useful - if you have any further queries, please feel free to contact me.