Advice to Patricia Hawthorn
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- From
- Patricia Hawthorn
- Date advice given
- 11 March 2014
- Enquiry type
Please see Smart Wind?s additional submission published on the North Killingholme project page 11 March 2014.
Advice given
Thank-you for your email dated 10 March 2014 - we note the points that you raise in your emails dated 10 March to the Examining Authority (?ExA?) and would like to provide clarity on those points.
Protective Provisions: The role of the ExA is primarily to establish whether the protective provisions are agreed or not. The ExA is already aware, through Smart Wind providing its own draft protective provisions which differ from those provided by the applicant, that in this case, the protective provisions are not agreed between the parties involved. This is also stated in the applicant?s response to question CA3/01.
Ultimately, protective provisions must be agreed between the parties themselves. The ExA is not a party to such an agreement and it is for both the Applicant and any other relevant party to agree on protective provisions.
The existence of agreed protective provisions is one factor that the ExA and the s.127 Examiner will take into account as part of its examination, but any application for CA and for s.127 certificates, will still have to be considered in the report writing stage unless any application for these has been withdrawn by the applicant or any representation by a statutory undertaker has been withdrawn in respect of s.127. Neither of these has happened, as yet, in the case of SMart Wind.
End of the Examination Stage: For clarity, the ExA will take into account all material that is received in response to deadlines or that has been accepted by the ExA as a result of a procedural decision during the examination. However, all material must be received before the close of the examination stage. For the avoidance of doubt, the ExA has exercised their discretion and accepted both your emails of 10 March into the examination.
The ExA will make its Report on the basis of the information which has been submitted and accepted by the end of the examination ? the ExA cannot take into consideration, any material which is received following the closure of the examination. Any information which is submitted and received during the Recommendation stage, will be forwarded to the Secretary of State for consideration alongside the Report. It will then be for the Secretary of State to decide whether or not to take this into account in making his decision and whether to do so would require any further consultation on such material submitted after the close of the examination.
The power to extend an examination rests with the relevant Secretary of State which he can exercise upon request. Unless the Secretary of State grants an extension during the examination period the ExA must close the examination by the deadline specified by s98(1) Planning Act 2008 (as amended) ? ie 6 months from the day after the Preliminary Meeting.