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Advice to Halite Energy Group

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Enquiry

From
Halite Energy Group
Date advice given
2 February 2012
Enquiry type
Phone

Halite requested further details of their duty to carry out notifications of hearings during examination.

Advice given

Outlined below is the procedure relating to the applicant's duty to notify hearings in accordance with Rule 13 of the Infrastructure Planning (Examination Procedure) Rules 2010. 'Hearing' is defined in the legislation as "an open-floor hearing, issue-specific hearing or compulsory acquisition hearing".

Unless the Examining authority otherwise directs, the applicant must not later than 21 days before the date fixed for the commencement of a hearing:

  • post and maintain a notice of the hearing in a conspicuous place or (in the case of an application for linear works more than 5 kilometres in length) at intervals of not more than 5 kilometres on, or as close as is reasonably practicable to, the land to which the application relates;
  • post and maintain a notice of the hearing in one or more places where public notices are usually posted in the area; and
  • publish a notice of the hearing by local advertisement in the area.

"Local advertisement" means:

  • by publication of the notice in a newspaper circulating in the locality; and
  • where the Examining authority maintains a website for the purpose of advertisement, by publication of the notice on the website (Halite will need to provide the IPC/PINS with an electronic copy of the notice).

Notices must be readily visible to and legible by members of the public; must contain a statement of the date, time and place of the hearing; the section of the Planning Act 2008 under which the application has been made; a description of the proposals contained in the application sufficient to identify the location of the proposed development with or without reference to a map; and details of a place where a copy of the application can be inspected.

The Infrastructure Planning (Examination Procedure) Rules 2010 are available in full at: http://www.legislation.gov.uk/uksi/2010/103/pdfs/uksi_20100103_en.pdf and other legislation relating to the IPC process is available on our website at: http://infrastructure.independent.gov.uk/legislation-and-advice/legislation/.