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Advice to PCBA

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Enquiry

From
PCBA
Date advice given
14 August 2014
Enquiry type
Email

I am now writing as arranged with some queries and requests in order that we can contribute to smooth running of the Examination ?

  1. One of the headings in Annex H of the Rule 6 letter for SOCG includes noise. PCBA is prepared to see if there is common ground here but are not included on the list. Kindly advise.
  2. We would advise that we would like issue-specific hearings to cover all our objections. Please let me know if you need to know the objection headings.
  3. The various PCBA objections to the project do not all obviously fall within the Annex C categories. With the exception mentioned below, do you want me to suggest a number of separate and extra categories, or can we agree under which category each of our objections should fall please? This would be most easily resolved over the phone I think before written confirmation.
  4. The exception is this. Since it is so important and a technical-based objection, it would probably be best to have a new category for the failure to comply with planning guidance. To assist your consideration of the request, I would mention that the objection covers the necessary implementation of national planning guidance regarding CO2 emissions and cost/benefit analysis. Kindly confirm that this can be a new category with some time allocated to it at a hearing.
  5. For the issue-specific hearings, we consider that some time should be set aside for us to present the key points of certain objections with Powerpoint. The reason is that with the large amount of material to be seen by the ExA, we want to make sure that these key points can be conveyed to the ExA in a way that is hard to do purely in writing. A good example is noise impact.
  6. The issue specific hearings in the draft timetable cover a whole range of topics over altogether several days. We would like to be able to comment, generally briefly, on each of our items. Please confirm that this is acceptable and can be incorporated in the process.
  7. It would also greatly help to have your advice confirmed please as to the difference between open floor and issue specific hearings, i.e. in how they are run. We can then finally decide whether to attend the mainland open floor hearing in order to make oral representations. In the meantime, please take this email as a request from PCBA for a mainland open floor hearing as per page 4 of Advice Note 4.
  8. Please note (and confirm back to me) my request to attend and speak at the Preliminary Meeting and also the open floor hearing for mainland UK, i.e. both personally and on behalf of PCBA.

Advice given

The points concerning running of the examination will be addressed at the preliminary meeting. However, to enable you to prepare for the examination, I am responding to your email.

It is important to remember that the examination is primarily a written process. The main purpose of hearings is for clarification or elaboration of issues already raised or thought to be of concern to the ExA. Hearings are not the appropriate place to present a party?s full case. For that reason, interested parties are encouraged to engage fully in the written process rather than wait for a particular hearing to influence the proceedings.

Turning to the points in the order set out in your email:

  1. The list compiled by the ExA in Annex H of the preliminary meeting letter is not exhaustive or exclusive. If there is scope to find common ground with the applicant on any of the topics listed, the ExA would welcome contributions from any IP to the process of preparing Statements of Common Ground. The applicant should be contacted accordingly. Equally, parties with common interest or objections should give consideration to combining forces in the preparation of Statements of Common Ground, and during the examination process itself. Your comments regarding your willingness to engage in this process has been drawn to the attention of the ExA and will be addressed at the Preliminary Meeting.

  2. The ExA has carefully considered the issues raised in the relevant representations, and the material submitted by the applicant to date and having identified the broad areas for consideration it appears probable that these would be covered by one or a number of the likely topics identified for issue specific hearings listed in items 9 and 10 of the draft timetable (Annex D to the preliminary meeting letter). During the examination it remains open to the ExA to decide whether issue specific hearings are necessary, and the topics to be discussed, either to ensure adequate examination of an issue or if an interested party needs to be given a fair chance to put forward their case. Some IPs may find it more useful to attend an open floor hearing to make representations about the application. Hearings are there to build on written representations and on responses to questions put by the ExA.

  3. The ExA has carefully considered topics covered in the relevant representations, and has identified a number of topics listed in their initial assessment of principal issues (Annex C to the preliminary meeting letter). It is important to note that this is an initial assessment and it is not a comprehensive or exclusive list of all relevant matters. If you remain uncertain about categorising a particular objection, there is no reason why you cannot expand on the matter in your written representations as a freestanding objection. For this reason alone you may find it more beneficial to attend and answer questions on your representations at an open floor hearing, as opposed to an issue specific hearing.

  4. It appears that your concerns about CO2 emissions and cost/benefit assessments could be covered by items 1 and 12 of the principal issues identified in Annex C of the preliminary meeting letter.

  5. While in principle there is no objection to a PowerPoint presentation, the ExA remains to be convinced that it is the most effective and/or expeditious use of time at a hearing. The ExA will be relying on the parties? written representations in their consideration of the issues and a PowerPoint presentation may not fully record the points you would wish the ExA to take account of.

  6. At an issue specific hearing each interested party is entitled to make oral representations about the issue, subject to the ExA?s powers of control over the conduct of the hearing (s91(3) of the Planning Act 2008). The ?Planning Act 2008: guidance for the examination of applications for development consent for nationally significant infrastructure projects?, published by DCLG provides instructive guidance on procedure at hearings and could help an IP to decide whether to attend the open floor or issue specific hearings.

  7. If the above guidance does not answer all of your questions regarding procedure at the hearings, the ExA would clarify the matter at the preliminary meeting.

  8. Your request to speak at the preliminary meeting and to attend an open floor hearing at the mainland is noted.