Advice to BLP for Halite Energy
Back to listEnquiry
- From
- BLP for Halite Energy
- Date advice given
- 25 October 2011
- Enquiry type
With reference to the IPC?s Advice Note 6: Preparation and submission of application documents. We are currently preparing the Environmental Statement for a NSIP and endeavouring to comply with the presentational requirements contained within Advice Note 6. We are mindful of the following extract from the advice ?Whilst applicants are strongly recommended to follow the advice contained within this advice note, it does not represent formal guidance under s37 or s50 of the Act? and would like to agree the following with the IPC in advance of preparing the Environmental Statement. Font Size for Environmental Statement Tables
Although the guidance in the advice note requires that ?the main body of text in reports should have a minimum font size of 12 pt ? we will have to reduce the font size for certain larger tables in order to assist the reader. We would like confirmation from the IPC that this would be acceptable. Environmental Statement Drawing Scales
With reference to ES drawing scales the following extracts from the Advice Note are relevant ?Any plans, drawings or sections should be no larger than A0 size (with the exception of some marine charts which may be larger) and should be drawn to an identified scale (not smaller than 1:2500).? and ?It is recognised that the most appropriate scale will depend on the particular form of the proposed scheme and applicants are therefore encouraged to discuss this with the IPC in advance of the submission of the final application documents?.
We note the Brig y Cwm Environmental Statement accompanying the Development Consent Order accepted by the IPC for determination uses a range of drawing scales some of which are at a smaller scale than 1:2500. These include drawings referenced in Reg 5(2) of the Applications: Prescribed Forms and Procedure Regulations for nature conservation and the historic environment. In certain circumstances the drawings use very small scales in order to demonstrate the effects from distance / in context e.g. for the Zone of Theoretical Visibility for the Regulation 5(2) Historic Environment Plans. We also note the developer sought agreement from yourselves prior to submitting the document that the Reg 5(2) documents would form part of the Environmental Statement rather than being standalone documents.
We would therefore seek agreement from the IPC that a similar range of scales can be used for the drawings contained within the ES including Regulation 5(2) drawings and that they can be contained within the Environmental Statement rather than as standalone documents. These drawings are likely to range from 1:2500 to 1:10,000 scale but may also be of a smaller scale if distant effects or remote receptors are identified.
Advice given
Thank you for your email.
I regret that we cannot agree that a range of scales including scales less than 1:2500 can be used for Regulation 5(2) drawings. The requirement in Regulation 5(3), that plans submitted be at a scale no smaller than 1:2500, is a statutory requirement which applies to plans required to be provided by regulation 5(2), irrespective of whether or not they are included in an Environmental Statement.
The issue of whether or not such a deviation from the regulations would be sufficient to prevent an application from proceeding to examination would be a discretionary matter for the Commissioner appointed to make the acceptance decision, and would obviously depend upon the effect of that deviation.
There is no reason why Regulation 5(2) plans should not be submitted as part of an Environmental Statement rather than as stand alone documents, so long as this is made clear. Alternatively, plans that are not provided under Regulation 5(2) are not bound by the requirement, whether part of an ES or otherwise, and you may use such a range of scales as you feel appropriate.
The advice given in Advice Note 6 is not formal guidance under section 37 or section 50 of the PA 2008. It is accepted that in some circumstances it may be appropriate to deviate from it, and minor deviations (such as the use of a different font size to assist the reader) are unlikely to draw comment unless they inhibit the legibility of the document. Where it is proposed to deviate in a significant way, the applicant is advised to explain that deviation.