1. Section 51 advice
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Meeting with Tim Hamilton-Cox

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Enquiry

Meeting with
Tim Hamilton-Cox
Date of meeting
8 March 2012
Enquiry type
Meeting

At the IPC Outreach event held in Lancaster, a stakeholder asked whether the Commission would test for 'value for money' with regard to the Heysham to M6 Link Road application.

The IPC's reply was by email.

Advice given

Thank you for attending our recent Outreach session in Lancaster for the above application, for registering as an interested party and indicating that you would like to appear at the Preliminary Meeting, Open Floor Hearing and Issue Specific Hearing.

At the outreach session you asked whether the Commissioner for Heysham will test for value for money and if so, how? Please accept my apologies for not getting back to you sooner on this query.

Under s88 of the Planning Act 2008 and Rule 5 of the Infrastructure Planning (Examination Procedure) Rules 2010 it is for the Examining Authority to make an initial assessment of the principal issues arising from an application and after making this assessment a Preliminary Meeting must be held. This assessment of principal issues will be included in the forthcoming Rule 6 letter giving notice of the date venue and agenda for the Preliminary Meeting.

The purpose of the Preliminary Meeting is to give people who have registered as interested parties in an application, the opportunity to make representations to the Examining Authority as to how the application should be examined. Everyone who has registered as an Interested Party to the proposal, like yourself, will be invited to attend the Preliminary Meeting chaired by the IPC Commissioner(s) appointed to examine the application. This will be either a single Commissioner or a Panel of three or more Commissioners. The Examining Authority is yet to be appointed for this application.

The Preliminary Meeting will be about the procedure for examining the application, including, setting the timetable for making more detailed written representations. It is not an opportunity to discuss the merits of the application or make your case. The merits will be considered when the examination of the application takes place, through the written representations and the programmed hearings.

Please note that you are not required to attend the Preliminary Meeting in order to participate in the examination. You will still be able to make written representations and participate in any hearings that may be arranged.

Please see a link to IPC Advice Note 8.4 on our website explains how the procedure for examination is discussed at the Preliminary Meeting.

http://infrastructure.independent.gov.uk/wp-content/uploads/2011/02/Advice-note-8.4-web.pdf

Following the Preliminary Meeting, and after considering the views submitted, the Examining Authority will take a decision as to how the application is to be examined. The Commissioner(s) will provide written notes of the meeting to all interested parties. A copy of the decision made about how the application is to be examined will also be sent and will include the deadline for providing more detailed written views to the IPC on the application, details of any hearings - including open floor, issue specific or compulsory acquisition hearings and the deadlines for Interested Parties to provide written representations on the applications and also comments on others? representations.

It is for the Examining Authority to decide on the weight that should be attached to representations received in examining the application. It is important that the representations made relate to the merits of the application. Section 106 of the Planning Act 2008 sets out matters that may be disregarded in relation to representations.