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Cyngor i Burges Salmon

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Oddiwrth
Burges Salmon
Y dyddiad y rhoddwyd y cyngor
6 Gorffennaf 2011
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Vattenfall have raised a question regarding the availability of the Examining Authority's recommendation in the event that the Secretary of State is the decision-maker for Kentish Flats.

My assumption would be that the Examining Authority's recommendation would not be publically available until the Secretary of State's decision is published in the same way as was done for consents under section 36 of the Electricity Act and recovered planning appeals. However, as the Planning Act regime is new and the IPC are promoting greater transparency in the decision-making process can you confirm the position?

Cyngor a roddwyd

There is no requirement under the Planning Act 2008 (PA 2008) that the recommendation from the Examining Authority to the Secretary of State (SoS) must be published. However, as you know, once the SoS has made a decision, under s.116 PA2008 a statement of reasons for grant or refusal of an order for development consent must be published and a copy must be provided by the appropriate authority to each person who is an interested party and must also be published in "such a manner as the appropriate authority thinks appropriate". The "appropriate authority" is the SoS when they are the decision maker. There is no intention to publish the recommendation.