Advice to Emma Harding-Phillips
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- From
- Emma Harding-Phillips
- Date advice given
- 25 February 2014
- Enquiry type
C.GEN has received a copy of Anglian Water's letter of 18 February 2014 withdrawing its representations so far as they relate to s.127. As a result of that letter, PINS has written to C.GEN asking it to confirm in writing that it will be withdrawing the s.127 application in relation to Anglian Water.
S.127, as it applies to C.GEN's case, refers at sub-section (1)(b) to the situation where "a representation has been made about an application for an order granting development consent before the completion of the examination of the application, and the representation has not been withdrawn".
In light of the lack of clarity regarding this issue, C.GEN would like to know PINS' advice as, given Anglian Water has not withdrawn its entire relevant representation, C.GEN would not wish to withdraw its s.127 application if the correct interpretation of s.127 is such that an application is still required.
Advice given
As you are aware, in its letter to the North Killingholme Power Plant Examining authority (?ExA?) dated 18 February 2014, AWS stated that:
?the negotiations between the Applicant and AWS have concluded and the terms of the Protective Provisions and Article 14 are now agreed. AWS wish their representations to remain on the record as useful background for the examining authority but its representations as far as the Section 127 application is concerned is withdrawn and the application is unopposed?.
We note in your email that C.Gen would appreciate clarification on whether, following a representation being made under s127 (1) (b) PA 2008, and thus, engaging the provisions of s127 PA 2008, whether, in order for a s127 application made to the Secretary of State by C.Gen to be withdrawn and the provisions of s127 ceasing to apply, the said representation made by a statutory undertaker (s127 (1) (b)) ? in this case, AWS - must be withdrawn either in its entirety or partially ? removing only those parts which make direct reference to s127.
As an interested party AWS is entitled to make representations about the DCO application and these representations will remain in the examination. However, AWS has made clear that it has withdrawn that part of its representation which is a representation for the purposes of s127 (1) (b). A certificate from the Secretary of State will therefore not be required in relation to AWS's land before the DCO is made and C.Gen can withdraw its s127 certificate application 20 November 2013 in relation to AWS if it so wishes.
Please ensure the Planning Inspectorate is CC?d into to any correspondence relating to any withdrawal of a s127 application.