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Meeting with DONG Energy

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Enquiry

Meeting with
DONG Energy
Date of meeting
30 June 2011
Enquiry type
Meeting

DONG Energy requested that the IPC provided comments on a draft Statement of Community Consultation (SoCC) in accordance with published guidance

Advice given

Dear Malcolm

Further to our telephone discussion please find below our comments on your draft Statement of Community Consultation (SoCC) for the Walney Extension project. As discussed, these points are drawn from our consideration of the draft SoCC against the Act and its associated legislation and published advice and guidance.

? The draft SoCC does not explicitly state that the project is EIA development (although you do acknowledge an ES will be provided) in line with EIA Reg 10 ? Paragraph 4 of the draft SoCC refers to seeking consent from the MMO and Local Authorities for various matters (as opposed to the IPC). It may be worthwhile clarifying this section, to reflect your intentions for this proposal. ? IPC Guidance Note 1 (para 29) refers to the need for the SoCC to provide sufficient detail of the project, including positive and negative impacts. You may wish to consider to what extent the wording in the SoCC does this and whether you should be more explicit in stating what the impacts (both positive and negative) are. As discussed, other promoters have been more specific on this point. ? You may also wish to consider whether to acknowledge the current status of the NPS within the SoCC.

The key legislation and guidance for Applicants and Local Authorities on the preparation and content of SoCCs have been listed below with the appropriate links: ? section 47 of the Planning Act 2008 (the Act) http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/ukpga_20080029_en.pdf ? IPC Guidance Note 1 Revision 1 on pre-application stages, paragraph 12 onwards http://infrastructure.independent.gov.uk/wp-content/uploads/2010/04/IPC-pre-app-guidance-note-1.pdf ? The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009, Regulation 10 (a) and (b) http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/uksi_20092263_en.pdf ? CLG Guidance on pre-application consultation. Please note that paragraph 92 of this Guidance refers applicants to Regulations 9 and 10 (of the EIA Regulations), however it should read as Regulation 10 and 11 of the EIA Regulations instead http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/guidancepreapplication.pdf ? CLG Guidance for Local Authorities http://www.communities.gov.uk/documents/planningandbuilding/pdf/1521327.pdf

Please note that in accordance with section 55(4)(c) of the Act, when determining whether an application can be accepted, the Commission must consider the extent to which the applicant has had regard to any guidance issued under section 50 (see CLG guidance above) and in accordance with section 55 (3) (d) applicants should give reasons for each respect in which applicable guidance issued under section 37 (4) (see the Commission's Statutory Guidance Note 2) has not been followed. Therefore, if any guidance has not been followed, you may wish to explain and justify this within your consultation report or appropriate application document.

All advice the Commission provides at this stage does not prejudice or pre-judge the decision of the Commissioner regarding acceptance or non-acceptance of an application. We would strongly recommend that you always seek your own legal advice upon which you can rely.

If you have any further queries please do not hesitate to contact Kath or myself.

Kind regards

Mike