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Advice to United Utilities

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Enquiry

From
United Utilities
Date advice given
11 November 2013
Enquiry type
Email

United Utilities email, ExA with the following:

Thank you for your letter and involving United Utilities Water PLC in this process.

At present we do not wish to speak or to be represented at the examination.

Our historical agreements with DONG Energy Walney Extension [UK] Ltd are still valid and we would like them to be taken into account during the examination process; if necessary we will provide further written evidence.

We would also like to be notified of your decision on whether to accept our comments and the future progress of the Application by DONG Energy Walney Extension [UK] Ltd for an Order Granting Development Consent for the Walney Extension Offshore Wind Farm.

If you wish to discuss this in further detail please do not hesitate in contacting me or Jenny Hope.

The Planning Inspectorate reply was by email.

Advice given

Thank you for your email and letter of 5 November 2013 regarding the Walney Extension Offshore Wind Farm application.

Your letter has been forwarded to the Examining Authority who, in exercising its discretion has accepted your comments as an 'additional submission' in relation to this case, as it was submitted prior to the commencement of the examination stage. It will be published on our website shortly.

For this application, United Utilities has been automatically registered as an Interested Party, being one of the persons with an interest in relevant land who have been notified of the acceptance of the application under Section 56(2)(d) of the Planning Act 2008 (as amended by the Localism Act 2011) (PA 2008). Consequently, United Utilities has important entitlements before, during and after the examination process that includes: the right to be invited to a preliminary meeting; the right to require, and be heard at, an open-floor hearing; the right to be heard at an issue-specific hearing, if one is held; the right to be notified of when the Examining Authority has completed its examination; and the right to be notified of the reasons for the decision.

In having an interest in the land to which a compulsory acquisition request relates, the name of United Utilities has been given to the Secretary of State in a notice under Section 59. This means that United Utilities is additionally categorised as an Affected Person, which are also statutory parties under legislation. Affected persons are able to request that a compulsory acquisition hearing be held to consider the issues arising in connection with the authorisation of the compulsory acquisition of the land (for example, whether there is a compelling case for it) and to make oral representations at that hearing.

In being automatically registered as an Interested Party under Section 102 of the PA 2008 and The Infrastructure Planning (Interested Parties) Regulations 2010, procedural letters from the Examining Authority about this application and its examination will be sent to United Utilities accordingly. Following the Preliminary Meeting, the Examining Authority will send its decisions about how the application is to be examined along with an examination timetable. It is therefore for United Utilities to decide whether it wishes to attend the Preliminary Meeting and participate in the examination process (such as submitting representations and responding to Examining Authority's questions) in accordance with the timetable and any other agendas or amendments to the timetable.

Should you have any further queries please do not hesitate to contact the Walney Team who can assist you further.