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Advice to Common Concern

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Enquiry

From
Common Concern
Date advice given
17 June 2014
Enquiry type
Email

Request for information regarding the planning process for Nationally Significant Infrastructure Projects (NSIPs) under the Planning Act 2008 regime and information about becoming organised as an interest group in the run-up to the examination.

Advice given

The pre-examination stage:

The Progress Power Station application is currently at the pre-examination stage. This stage precedes the statutory 6 ? month examination stage and includes the following ?milestone? events in the order they occur:

  • Notification of an accepted application by the applicat to prescribed persons;
  • The period to register as an Interested Party or ?IP? commences - a minimum of 28 days set by the applicant;
  • Those who submit a relevant representation (?RR?) ? a 500 word summary of ones views either in support or objection to the proposal ? become an IP;
  • The applicant must certify it?s compliance with the legislative requirements when notifying persons of an accepted application and confirm whether it has identified any further persons whose land may be affected by the proposed development;
  • Relevant Representations are published on the Planning Portal;
  • The Examining authority (ExA) is appointed which comprises either one, 3 or 5 examining inspectors.

The appointment is based on:

  • The level of public interest ? derived from the RRs;

    • The size of the project; and
    • The level of complexity the project brings.

  • A Rule 6 letter is issued to all Interested Parties (those which registered as an IP and others prescribed in statute). This letter confirms:

    • The ExA ? names and size;
    • A draft timetable of the 6-month examination;
    • An initial assessment of the principle issues the project entails; and
    • 21 days? notice of the date, time and venue of the Preliminary Meeting.

  • The Preliminary Meeting is held at a venue close to the proposed development.

  • The examination stage commences, the day after the Preliminary Meeting.

  • A final examination timetable a ?Rule 8? letter is issued to all IPs as soon as practicable following the PM.

  • Submissions of written reps & hearings commence as set-out in the Rule 8 letter over the statutory 6-month period.

What happens with your relevant representations?

The relevant representation period has now closed. All relevant representations have been published on the Progress Power Station Project Page. All those persons who submitted a Relevant Representation have, in-turn, regisetered themselves as Interested Parties or an ?IP?. IPs are assinged a legal status and invited to take part in the examination of the application i.e. to speak at hearings and submit evidence (in the form of written submissions) to the Examining authority (ExA) for them to consider.

The ExA ? once appointed ? will review all relevant representations, the application documents and discuss pertinent matters with the case team in compiling its initial assessment of issues. All IPs will have the opportunity to comment on others? RRs during the examination.

I?ve submitted a RR - what happens next?

All IPs will be sent the Rule 6 letter confirming the details for the Preliminary Meeting; the Initial Assessment of Principle Issues; name(s) of the ExA; and a draft examination timetable. The preliminary meeting is purely a procedural meeting to discuss the draft timetable and not the merits of the project.

Following the preliminary meeting, the examination stage will commence. The examination can be an intense period, with tight deadlines for the receipt of information, responses to written questions posed by the ExA and summaries of case put at hearings.

It is important to utilise the pre-examination stage as much as possible in getting prepared for what might be voiced at a hearing or what might constitute your written representations. I have included a link to a timetable of a project, similar to that of Progress Power ? this will enable you to see example dates between milestones in the examination and the benefit of being prepared with submissions as we lead into the examination. I am happy to discuss with you what types of submissions may consist of, but I am unable to assist in their preparation ie. advising on specific content:

http://infrastructure.planningportal.gov.uk/projects/yorkshire-and-the-humber/knottingley-power-project/?ipcsection=exam

The Examination:

During the Examination, all IPs will be kept up-to-date of procedural decisions made by the ExA. These will either be via email or in letter form ? as confirmed in RR forms. It should be remembered that the premise of the examination is to the inform the ExA?s Report for recommendation to the Secretary of State for Energy & Climate Change.

Further written representations will be requested during the Examination stage ? these should be based on one?s relevant representation submitted during the pre-examination stage. There is no word limit to written representations, however, we do ask that summaries are provided for large documents.

Please see the link at the bottom of this email to our Advice Notes for more information. Although primarily a written process, the examination timetable will make provision for hearings. There are three types of hearings:

  • Open-Floor Hearings ? anyone can attend an OFH but only IPs can speak at them. Those who are not an IP and wish to speak at an OFH, must make a request to the ExA for consideration. If representing a group of people, a spokesperson may be best suited to represent those who find public speaking difficult or uncomfortable

  • Issue-Specific Hearings ? these are held at the request of the ExA and focus on specific matters e.g transport or ecology.

  • Compulsory Acquisiton Hearings ? these are only held if a request by an affected person is received.

A deadline will feature in the examination timetable to inform the ExA of a party?s wish to speak or attend a hearing. This date is important should you wish to attend or speak at hearings.

Site visits:

The ExA may feel the need to visit the site ? this can either be conducted accompanied (by IPs and the applicant) or unaccompanied. Details on site visits will be included within the Rule 6 and Rule 8 letters.

I?ve included some links to our advice notes (8.1 ? 8.5) which you will no doubt find useful:

http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/