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Advice to Roy Pointer

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Enquiry

From
Roy Pointer
Date advice given
29 August 2014
Enquiry type
Email

PCBA has reviewed its approach to the Examination in light of your procedure letter dated 31 July. In that letter you request submissions before 1 September and I am sending you this note to cover the requests of PCBA; I should be glad if you would let me have a reply picking up each point in turn:
1 At the Preliminary Meeting (PM) we shall be requesting the opportunity to speak at Open and Issues Specific hearings to emphasise the key point or points in each of our 15 objections. 2 Whilst these verbal submissions would be brief, we should like more time to be available to our expert witnesses: Noise (J Yelland), Onshore cable route (J Sharpe), Planning Failure (P Bratby) and Bournemouth Sense of Place (J Soane). 3 We shall need the opportunity at the PM to explain that our Planning Failure objection (to be addressed at an Open Floor hearing), is not questioning the merits of planning policy but rather the Project?s failure to comply with that policy. 4 We shall need the opportunity at the PM to confirm that the Open Floor hearing is an appropriate forum for five of our objections: Planning Failure, Public Opposition, Consultation Adequacy, Distance Offshore and possibly Onshore Works although we acknowledge that this issue may be covered in an Issue Specific hearing. In these cases, we would propose a brief context overview followed by our specialists speaking to each of the objections. 5 Please would you confirm either prior to, or at the PM that Powerpoint slides may be used by prior arrangement with your staff team. We would provide the slides prior to the relevant meeting and I should appreciate knowing any time or slide number limits that would apply. 6 Referring to 1 ? 5 above, please confirm that these points can be dealt with under the Procedures part of the Agenda for the PM immediately after the Welcome and Introductions, or alternatively where they will be covered. 7 We will be putting forward at the PM that there should be another day allocated later in the timetable to ?Wash up? the results of matters raised in Open Floor and Issue Specific hearings since we already know that many representations will concern missing or inadequate information needed from the developer, which information will become available in time for such a ?Wash up? hearing. 8 In view of the Examination timetable being largely confined to the winter period, we would like to suggest that an extra accompanied site visit be inserted in September this year so that the ExA is apprised of conditions nearer to the summer visitor period. 9 Generally, we would request the opportunity for each of our specialists and experts to contribute to the examination of each of our objections at the appropriate hearings. Their names are given in the copy section of the address box to this note. The thrust of their contributions is covered in the individual Written Representations and, for those issues to be raised at the Open Floor hearing, I can arrange for you to have a summary for each prior to that meeting. 10 We are planning to establish a realistic speaking plan for all our objections; if it would help you allocate time slots etc., I can arrange to let you have that for the benefit of the ExA. 11 We consider that there is a major procedural problem for the ExA concerning the treatment of evidence on visuals. Official guidelines have been improved recently and now endorse the best practice method preferred throughout the process thus far by both Challenge Navitus and PCBA. However, NBDL declined to use best practice and has only used the industry practice method which greatly underplays the visual impact of the proposal. We suggest the most appropriate way to deal with this would be for the developer to produce images now on the best practice method and then carry out a fresh consultation. In that way, the public will not have been misled, as we contend they have been to date. We have in mind suggesting this as the right process at the PM because realistic images of the wind farm are extremely important. Kindly advise as appropriate. 12 We need to inform you now that we are planning to ask the ExA for a declaration at the PM that Renewables Policy will not override Net Scheme Merits.

Advice given

May I also draw you attention to advice note 8.4 ?Influencing how an application will be examined ? the Preliminary Meeting? http://infrastructure.planningportal.gov.uk/wp-content/uploads/2013/04/Advice-note-8-4v3.pdf. Please see comments below to address each of your points in turn: 1 - There is no requirement for you to request the opportunity to speak at the open floor and issue specific hearings at the PM. I have noted your requests and made the ExA aware of your request. The PM will discuss only the procedural running of the examination and will not discuss any merits of the case and will not deal with any specific points of any objections. 2 - The PM will discuss only procedural running of the examination and is not the forum for expert witnesses to give verbal submissions. If you wish for any of your experts to be heard at an issue specific hearings your request will be noted prior to the relevant meeting. It is for the examining authority to decide who can speak at hearings and I refer you in particular to The Infrastructure Planning (Examination Procedure) Rules 2010. 14. (1) The Examining authority shall preside at any hearing and shall determine the procedure at the hearing. (2) At the start of the hearing the Examining authority shall identify the matters to be considered at the hearing, and any matters on which the Examining authority requires further explanation from? (a)the persons entitled under section 91(3), 92(4) or 93(3) to make oral representations; or . (b)the persons permitted under rule 14(10) to make oral representations. . (3) Any oral representations must be based on either the relevant or written representations made by the person by whom or on whose behalf the oral representations are made; and where those relevant or written representations exceed 1500 words the person by whom they were made must prepare a summary. (4) Without prejudice to the Examining authority?s discretion as to the conduct of the hearing, nothing in paragraph (2) or (3) precludes a person from referring to issues which they consider relevant to the examination of an application or specified matters but which are not issues identified by the Examining authority pursuant to paragraph (2) or included in their relevant or written representations.? 3 - Again the PM is not the correct forum to explain your objection, this should be done in your written representation and at the open floor hearing. We have noted your request to speak on this matter at the open floor hearing. 4 - The ExA will address the open floor hearing at the PM. There is no need to provide an overview of the context of the objections at the PM, but an overview prior to the open floor hearing will be helpful and will help the ExA decide the time allocated. 5 - This will be discussed at the PM and if it is decided that PowerPoint presentations are to be used, providing the slides prior to the relevant meeting will be welcomed. Time limits and slide limits can be discussed prior to any meetings. 6 - The ExA may refer to your email at the PM and is likely that the points will be covered at the appropriate bullet point under the heading ?Draft timetable for the examination?, and the heading ?Hearings and accompanied site visit?. 7 - Noted, the ExA will discuss this at the PM. 8 - Noted, the ExA will discuss this at the PM. 9 - Noted and a summary prior to any meeting will be useful. Please note that any summary received will be published on our website. 10 - Noted and again this will be useful and any submission to us will be published on our website. 11 - You should cover this point in written submission that you submit to us at the appropriate deadline. It is for the ExA to decide the appropriate way to deal with the points you raise. 12 - The ExA will not make any declarations at the PM and it is important to note that the ExA makes a recommendation to the Secretary of State for climate change and it is ultimately the Secretary of States that makes the decision in respect of the application.