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Advice to Challenge Navitus

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Enquiry

From
Challenge Navitus
Date advice given
19 June 2014
Enquiry type
Email

Unfortunately, I cannot find annexes A, B or C referenced in the ES Cat 6 Vol B Appendices [6.2.2.16.1......Appendix 16.1.pdf] which is the navigation risk assessment. I presume these annexes should have been contained in this document, but they seem to be missing.. Please could you either point me in the right direction, or ask NBDL to provide them asap?

Also, we have in the past requested data from NBDL that they have refused to supply and that are still not available in the full ES. As an example, we have requested radar track data from the summer navigation survey for a few specified individual days rather than the whole period so that individual tracks can be made out (the scale of NBDL's charts is very small). How should I request that these data are made available so that we can prepare a properly informed response? These and other missing data currently impede independent assessments of parts of the ES.

Advice given

Thank you for bringing this matter to our attention. It does appear that the annexes you identified have not been submitted to the Planning Inspectorate. We have contacted the applicant and they have confirmed the omission which appears to be due to an administrative oversight. The applicant has sought the Inspectorate?s advice into how the documents can be submitted into the examination. The Inspectorate has given the applicant the following advice which constitutes s51 advice under the Planning Act 2008 (as amended).

The earliest opportunity for submission of the documentation will be the preliminary meeting. The Examining authority will then be able to make a decision on how to proceed.

To enable this information to be brought into the public domain and comply with the Planning Inspectorate's openness policy, we have suggested that the applicant submits a formal request for the Examining authority, when appointed, to accept the information at the preliminary meeting. If the Examining authority decides to accept the information, the information would then be published on the Planning Inspectorate project webpage shortly after the preliminary meeting and considered by the Examining authority as formally submitted. This would afford all interested parties the opportunity to view and comment on the submitted material at the start of the examination period.

If you wish to view the documentation prior to its formal submission into the examination then you should contact the applicant directly to request this. I cannot comment on your request for the applicant to supply you with radar track data from the summer navigation survey as this is a matter between you and the applicant. An Examining authority, when appointed, will look in detail at the data and representations submitted and if they subsequently feel that the data, as you describe, is required then they can request this from the applicant. If you feel that this would be useful then can draw the Examining authority?s attention to this in your relevant representation, but it is ultimately for the Examining authority to decide if it is required for the purposes of the examination.