1. Section 51 advice
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Advice to Burges Salmon

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Enquiry

From
Burges Salmon
Date advice given
17 July 2012
Enquiry type
Email

Please see attached letters from Burges Salmon

Advice given

Thank you for your letter of 6 July containing two requests for s51 advice as follows:

  1. ?Please provide specific details of where substantial information regarding the effects of the proposed Kentish Flats Extension upon the Outer Thames Estuary SPA, not included within the application documents, has been provided in Vattenfall?s responses to ExA questions and comments on other parties? responses?, and

  2. ?In light of the explanation provided above and if the ExA still considers an update to the ES is necessary, please provide further clarification and a full list of instances where the recently submitted HRA addendum alters the assessment submitted within the Kentish Flats Extension ES?

Whilst not wishing to be unhelpful, these requests go beyond what the Planning Inspectorate is able to provide by way of s51 advice. Those are matters on which the applicant should rely on its own legal advice.

The ExA?s question R17[3]-9 was an invitation to consider the need for and/or desirability of updating the ES and additional publicity/consultation.

It appears from the final paragraph on page 4 of your letter that the applicant does not believe that to be necessary, and the ExA will no doubt note that position for the purposes of his report to the Secretary of State.

*Please also see attached letter

Attachments

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