Representation by Faye Christensen
- Date submitted
- 10 October 2023
- Submitted by
- Members of the public/businesses
Concerns about this Application are numerous. I ask the Examination Authority to suspend now, or call for the immediate suspension of the Rampion 2 Examination by the Secretary of State while the National Policy Statements (NPS, Energy) are under review - and subject to revision. This relates to a relevant provision in the Planning Act (2008, revised) Section 108 https://www.legislation.gov.uk/ukpga/2008/29/section/108 “108 Suspension during review of national policy statement (1)This section applies where— (a) an application is made for an order granting development consent for development of a description in relation to which a national policy statement has effect, and (b )the Secretary of State thinks that, as a result of a change in circumstances since the national policy statement was first published or (if later) the statement or any part of it was last reviewed, all or part of the statement should be reviewed before the application is decided. 2)The Secretary of State may direct that, until the review has been completed and the Secretary of State has complied with section 6(5) in relation to the review, examination of the application by a Panel under Chapter 2, or a single appointed person under Chapter 3, is suspended (if not already completed)” I, like many others, argue that the conditions for suspension of this Application are already met. Moreover, there are further concerns. Separately, community organisations have asked the Planning Inspectorate for urgent Section 51 Advice to clarify the lines of authority to call for suspension under Section 108. We hope the Examination Authority appreciates the concerns many have about the lack of regarding clarity in the roles and responsibilities of different authorities and actors involved - given the confused state of the pre-Examination where: a) Shortcomings of the Application were clearly illustrated in the PINS Section 51 Advice Letter issued on 7 Sept 2023 when the Application was Accepted, where the need for remedial action by the Applicant is spelled out - specifically needing to be completed before the Applicant called for interested parties to register; b) The subsequent categorical rejection of PINS S51 Advice by the commercial Applicant openly challenging the authority of the Planning Inspectorate (the Regulator Authority) and the Applicant’s opening of the Registration on 20 Sept 2023 in direct contravention of the Regulator's S51 Advice. c) In the eyes of many - the perplexing silence of the newly appointed Examination Authority (ExA) in its Rule 9 Letter of 20 September 2023, in regard to its failure to uphold the PINS S51 Advice - thus allowing the Registration of Interested Parties to proceed without the remedy of the serious deficiencies on which the Approval of the Application for Examination was essentially conditioned. Other factors relevant to the need and lawfulness of suspending of this Examination under PA(2008) Section 108 include: d) The fact that people and organisations wanting to Register as Interested Parties cannot prepare relevant representations that refer to NPS policy, while it is under review and subject to change. In fact it is not clear which version of the NPS are applicable to this Examination after seeking S51 Advice on the matter. e) The identification of Principle Issues and Statements of Common Agreement similarly will be compromised to the extent they necessarily depend on reference to the NPS that apply, which will only be clear when the NPS review is complete and announced; f) Further the PINS S51 advice received suggest that Rampion 2 could be Examined on the basis of pre-March 2023 NPS, but then the revised NPS could be taken into account by the Secretary of State in reaching a decision, even though those new NPS Policy will not have be subject to Examination and relevant discussion and input by Interested Parties, as envisaged in the Legislation. g) By definition the Pre-Examination activities will be inefficient and we suggest will have to be repeated to enjoy valid legal status and public confidence. We argue it is simple common sense and fair to suspend the Registration and call for relevant representations until the NPS Review is complete, and Interested Parties know what policies will now, or may in future, be given weight in the Rampion 2 consenting decision; h) The fact the August 2023 UK offshore wind bid round failed to attract a single bid suggests that the proposed NPS updates that were subject to consultation that only completed mid-June 2023 may need serious revision, in particular the Critical National Priority (CNP) provisions related to the Examination of Rampion 2 may be amended. Finally, many do not believe it is fair that Authorities should leave it to the public, or interested and affected community organisations to initiate a Judicial Review on what we see is an obvious confusion of natural justice in an DCO Application process amid contradictory information coming from Authorities. As a hypothetical, but nonetheless reasonable remedy (to avoid the call for a Judicial Review), the sensible course of action would be that during necessary suspension of the Rampion 2 Examination under Section 108, that the Applicant: 1. Carries out actions indicated in the PINS Section 51 Advice issued 7 Sept 2023, which we hope the ExA can support and use its authority under the Examination Procedure Rules 2010 to ensure, and 2. Carries out additional activities as appropriate to address the obvious and documented deficiencies of the Application that were identified in Adequacy of Consultation submissions made by both statutory consultees and community organisations. This may include the ExA looking at the actions suggested by statutory consultees and community organisations that can be undertaken by the Applicant as Conditional Acceptance measures. Otherwise, any actions that may be directed by the ExA under authority of the Examination Procedures to help improve the efficiency of the Examination once it restarts we believe should be considered. With the support of many others in interested and affected communities, I therefore ask the Examination Authority to immediately suspend, or to recommend as appropriate to Authorities the immediate suspension of the Rampion 2 Examination until the National Policy Statement (Energy) Review is complete, as provided by Legislation for these circumstances. We believe this relevant representation is important and in the public interest and hope the ExA gives it the substantial weight it deserves.