Advice to SMart Wind
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- From
- SMart Wind
- Date advice given
- 26 March 2014
- Enquiry type
Further to our earlier conversations, I set out below an overview of the position:
? The Ex. A notified through its letter of 18 December 2013 (the Rule 8 Letter) the procedural timetable for the examination of the Project, which included the dates of the proposed hearings. In particular the Rule 8 Letter noted that dates had been reserved for further hearings on Tuesday 29 April 2014, Wednesday 30 April 2014 and Thursday 1 May 2014; ? Accordingly, pursuant to Rule 13(6) of the Examination Procedure Rules (EPR), the Applicant advertised and erected site/public notices to publicise the hearing dates (including the reserved dates). Pursuant to Rule 13(10) of the EPR - this included the time of the proposed hearings, which was stated to be 10.00am (consistent with the start time of the hearings held on the Project to date); and ? The Ex. A notified through its letter of 20 March 2014 (the Second round of written questions) a variation to the proposed times of the Hearings on the reserved dates, noting that these will now instead commence at 9.30am.
On the basis of the above, it is our understanding that:
? we do not require to further advertise the dates of these upcoming Hearings as they were included in our original advertisements/notices; and ? we do not require to advertise the variation to the start time of these Hearings, as the Ex. A has already done this in its letter of 20 March 2014 (pursuant to Rule 13(4) of the EPR).
I would be grateful if you would confirm in writing ASAP that our understanding is correct and that we do not require to re-notify.
Advice given
On 18 December 2013 the Examining Authority (ExA) notified all interested parties of the procedural timetable for the examination of the Hornsea Offshore Windfarm Project One, which included the dates reserved for further hearings on Tuesday 29 April 2014, Wednesday 30 April 2014 and Thursday 1 May 2014 and a start time of 10am.
The applicant is required to advertise the hearing by posting and maintaining notices and by publication in a local newspaper at least 21 days before the hearing in accordance with the provisions of Rule 13(6) of the Examination Procedure Rules (EPR).
You have confirmed that the applicant has complied with the requirements set out in Rule 13(6). This notification has been published on the project pages of the National Infrastructure pages of the Planning Portal website.
Rule 13(4) of the Infrastructure Planning (Examination Procedure Rules) 2010 (EPR) permits the ExA to vary the date, time and place for any fixed hearing with as much notice as appears to be reasonable. In accordance with this power the ExA have varied the time of the hearings on Tuesday 29 April 2014, Wednesday 30 April 2014 and Thursday 1 May 2014 to 9.30am. Notice of this was given by letter to all interested parties dated 20 March 2014.
The Planning Inspectorate does not consider that this invalidates compliance by the applicant with Rule 13(6). However, please note that the interpretation of the EPR rules is ultimately a matter for the Court and this e-mail does not constitute legal advice on which you can rely.