Advice to Rostons Ltd
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- From
- Rostons Ltd
- Date advice given
- 2 March 2016
- Enquiry type
Would you please confirm whether we need to attend the preliminary meeting. Is our client?s objection a specific one that requires attention at the preliminary meeting?
Advice given
Dear Mr Rimmer, The Preliminary Meeting focuses solely on the procedure for examining the application. Matters to be discussed will cover topics such as:
? The key issues to be examined An initial list of the principal issues for the examination, which have been identified at this stage by the Examining Authority based on the information provided in the application and the relevant representations submitted to the Planning Inspectorate about the application.
? Whether any hearings are required and if so, what types Issues that may be discussed are if it will be necessary to hold any issue specific hearings as part of the examination. The Examining Authority will only hold an issue specific hearing if they consider that it is necessary to ensure adequate testing of a particular issue or that an interested party has a fair chance to put forward its case.
There will also be an opportunity for anyone who is an interested party to request an open floor hearing. An open floor hearing must be held if one is requested by an interested party.
It will provide interested parties with an opportunity to make oral representations, based on their initial relevant representation or subsequent more detailed written representation about the application, subject to the Examining Authority?s running of the hearing.
Anyone affected by a compulsory acquisition proposal (to compulsorily purchase land or interests in land) has the right to request that a hearing is held on that matter.
? The draft timetable for the examination. The proposed agenda for the preliminary meeting is set out in the ?rule 6? letter dated 22 February 2016. This letter also includes a draft timetable for the examination.
The Preliminary Meeting is not the place to discuss the details or merits of the proposal or provide evidence on the application. There will be opportunities to make representations on these matters during the examination itself.
The relevant representation you made on behalf of your client when you registered her as an interested party is already part of the evidence the Examining Authority will consider in their examination. The examination will rely heavily on the written evidence that the applicant and other interested parties have submitted.
There is no need to attend the Preliminary Meeting in order to have the opportunity to make further representations during the examination. Whether or not you attend this meeting, you will later have the same rights to provide further written representations and evidence regarding the application and to attend any hearings. However if you on behalf of you client wish to propose changes to the timetable it is advisable that you attend the Preliminary Meeting on your clients behalf.
There will be both a meeting note and an audio recording of the Preliminary Meeting that will be made available on the Planning Inspectorate?s website following the meeting.
Please see our advice notes for further information: Advice note 8.4: Influencing how an application will be examined ? the Preliminary Meeting Advice note 8.5: Participating in the examination
There is a statutory duty, under section 51 of the Planning Act 2008 as amended by the Localism Act 2011, to record the advice that is given in relation to an application or a potential application and to make this publicly available. Therefore, I will publish this advice on the planning Inspectorate?s website.