Advice to Bournemouth Borough Council
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- From
- Bournemouth Borough Council
- Date advice given
- 5 February 2015
- Enquiry type
We appreciate that in order to expedite the procedure for major infrastructure developments it is important that timetables are set and adhered for the submission of relevant documents and representations. As a council we have adhered to this process and I note that this is also the case for those other interested parties. However, I am writing to express my concern at the approach taken by NBDL in these later stages of the process, in relation to the deadline of 5 February. Since 26 January NBDL have released 35 documents on which the Council (and others) need to consider and respond to within 5 working days. I appreciate that some of this material relates to issues previously submitted or discussed. However, a substantial element concerns the 'mitigation' option that you will be aware this Council believes should not be considered in this case. As such it is new material there is a danger that given the volume and the short time period for consideration those interested parties will miss something that may be pertinent to their case. In order to avoid the potential for legal challenge at a later stage I would suggest that an extended deadline be granted in relation to the responses to the material relating to the 'mitigation' option.
Advice given
As you are aware the examining authority has a duty to complete the examination of the application into the proposed Navitus Bay wind park in the statutory time scale of 6 months. Therefore the examination must close on 11 March 2015.
To clarify the deadline of the 29 January 2014 - deadline VI - was for receipt by the examining authority of the following documents:
? Responses to ExA?s second written questions ? Post hearing documents including any written summary of an oral case put at hearings held on 21 and 22 January and any documents/amendments requested by the ExA ? Comments on the applicant?s revised DCO
The documents submitted by the applicant (and other interested parties) to which you refer are in response to this deadline.
The deadline of 5 February ? deadline VIa, the deadline to which you refer that is 5 working days following the previous deadline, is for Additional representations on the merits of the Turbine Area Mitigation Option. To clarify this is a new deadline as detailed in the ExA?s procedural decision letter of 13 January 2015 and is to allow interested parties to comment specifically on the merits of the mitigation option should they wish.
There is a further deadline ?deadline VII- in the timetable on 5 March for: ? Comments on ExA?s revised draft DCO ? Comments on responses to ExA?s second written questions ? Comments on ExA?s RIES ? Receipt of any further information as requested at item 21 (if required) ? Comments on additional representations on the merits of the Turbine Area Mitigation Option
This deadline is your (and other interested parties) opportunity to comment on all of the documents submitted for deadline VI and VIa. This is 25 working days after deadline VI and 20 working days after deadline VIa.