Advice to Christopher Monckton
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- From
- Christopher Monckton
- Date advice given
- 3 June 2014
- Enquiry type
Query regarding content of representation
Advice given
In the second paragraph of your email you ask whether we ?have the power to require the developers to answer straightforward factual questions from potential objectors about the project? to help you make your objections accurately, and query whether you can send us a sheet of questions for us to ask the applicant. Unfortunately we cannot do this at this stage. It will be for the Examining Authority, once appointed, to ask questions and examine these issues through the Examination stage of the Planning Act 2008 (PA 2008) process.
We note that as you have previously submitted a representation to us. This means that you become an ?Interested Party? giving you a statutory status with entitlements before, during and after the Examination process. You will be invited to the Preliminary Meeting and you will be informed directly about the Examination timetable and any procedural decisions taken by the Examining Authority during the Examination. Everyone who has registered as an interested party in relation to an application is given the opportunity to provide a more detailed written representation, supported with relevant information and evidence, by the deadline set out in the examination timetable. If you wish to add further details your submitted representation we can accept addition submissions until 23 June 2014 . You may wish to include any questions you have within the substance of your relevant representation. This will then be put before the Examining Authority who will consider it in identifying the principal issues to be examined.
With reference to your other questions, I would refer you to s104* of the PA 2008 which sets out the matters to which the Secretary of State must have regard in deciding whether or not to grant consent for the application. This includes the relevant National Policy Statements (NPS), which for this case would appear to include EN-1 and EN-3. The NPSs set out the need case for certain types of energy infrastructure and the framework for assessing projects being examined. I would also draw your attention to s106* of the PA 2008 which sets out matters that may be disregarded by the Secretary of State when deciding an application. This includes representations relating to (amongst other things) the merits of policy set out in NPSs. I replicate the text of these sections below for ease of reference.
We would advise you to consider these two sections of the PA 2008 and to note that matters relating to the merits of policy set out in an NPS may be disregarded by the Secretary of State.
*s104(2) of the PA 2008 says:??In deciding the application the [Secretary of State] must have regard to - (a) any national policy statement which has effect in relation to development of the description to which the application relates (a ?relevant national policy statement?), (aa) the appropriate marine policy documents (if any)determined in accordance with section 59 of the Marine and Coastal Access Act 2009, (b) any local impact report (within the meaning given by section 60(3)) submitted to the [Secretary of State] before the deadline specified in a notice under section 60(2), (c) any matters prescribed in relation to development of the description to which the application relates, and (d) any other matters which the [Secretary of State] thinks are both important and relevant to [the Secretary of State?s] decision?
s106(1) says: ?In deciding an application for an order granting development consent, the [Secretary of State] considers that the representations ? (a) are vexatious or frivolous (b) relate to the merits of policy set out in a national policy statement, or (c) relate to compensation for compulsory acquisition of land or of an interest in or right over land?