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Advice to Graeme Crouch

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Enquiry

From
Graeme Crouch
Date advice given
4 November 2014
Enquiry type
Email

I would like to ask a few questions about the Navitus Bay Examination.

  1. When making submissions for the 5th November deadline is it acceptable to mix the category of submission within one document e.g. comment on response the Ex A question and comment on response to WR's etc. or is it best to send them as 2 separate documents?
  2. Have all the submissions for the 20th October deadline now been posted on the website?
  3. Will it be possible to present visual material e.g. projected photographs from a p.c. at the specific hearing on landscape etc. and if so what facilities will be available?

Advice given

With regards to the recent Deadline II, I can confirm that all submissions have now been published on our website. As for Deadline III, you are welcome to make your submissions as one document or as two separate documents. Whichever way you find easiest.

You also query whether you can make visual representations at an issue-specific hearing. At the forthcoming issue-specific hearings each interested party is entitled to make oral representations about the relevant issue, subject to the Examining Authority?s powers of control over the conduct of the hearing (s91(3) of the Planning Act 2008). Furthermore, under section 94 of the Act, it is for the Examining Authority to determine how hearings are to be conducted. Ultimately it is for the Examining Authority to decide, in light of the particular circumstances of the case, which matters it wishes to receive oral (or in this case visual) evidence on. These may or may not be issues that you wish to speak on or present visual information.

In this case the Examining Authority is expected to make use of its powers of control over the conduct of hearings. Accordingly the issue-specific hearings will be largely restricted to specific matters identified by the Examining Authority and considered necessary to explore with the applicant and invited attendees only. This approach is being adopted to ensure that the hearings are carried out as efficiently as possible, whilst remaining fair to all parties and thorough in their examination of evidence. Current PINS guidance is that PINS will only accept visual evidence that can be made accessible to the public and where it does not clearly identify people without their consent. If we accept visual evidence into the examination then it must be published on the website and it must be available to the public. For this reason any visual submission which exceeds the publishable file size would not be accepted. PINS has an adopted policy whereby any photo?s which clearly identify a person is redacted. This policy can equally apply to video?s which clearly identify people and therefore cannot be accepted into examination without consent of the person in the video or redaction of identifying features. Therefore PINS will only accept video?s that can be made accessible to the public and where it does not clearly identify people without their consent. PINS cannot be responsible for the equipment that is being used to view the data. Should you wish to show visual evidence at any hearing then PINS will not be responsible for the supply or setting up of any equipment required to view the evidence. Please note that if the ExA does give you the opportunity to present your visual evidence, then you will be required to submit this for Deadline IV of the timetable.