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Advice to Clyde and Co LLP

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Enquiry

From
Clyde and Co LLP
Date advice given
17 August 2018
Enquiry type
Email

I must say that my client [Associated British Ports] finds it disappointing that despite what we continue to believe are a number of fundamental defects in the pre-application process as prescribed by the Act, the Secretary of State has still decided to validate the application submitted by Suffolk County Council in relation to the Port of Lowestoft Third Crossing scheme. In the context of your consideration of the application, it would be extremely helpful if you could let me know whether, apart from advice offered by PINS which I appreciate you are required to publish on the web-page, there has been any contact - by way of written correspondence/email, telephone discussion or meetings between PINS and the applicants, their agents or solicitors since 25 July, the date of my original letter to you.

I should explain that my client's outstanding concerns are twofold. They derive first from its belief that the applicants have failed to comply with the required pre-application process, and second, in so doing, that failure has now severely prejudiced my client. You should be aware, incidentally, that according to the applicants' Lake Lothing Third Crossing Community Newsletter, the Council proudly note that the application submission runs to –

"- 14 boxes of folders; 

  •      Approx. 154kg in weight;

  •      Total of 448 Documents;

  •      Approx. 26,600 pages the length of 80 football pitches if put together".

We do not think that this weight of documentation is something that should be welcomed and suspect that many interested parties and individuals who wish to participate in the examination process will share our concerns. On our initial review of the mass of application documents we have identified a worryingly large number of documents which we have never seen before and which will require careful consideration and assessment before we will be in a position to submit our relevant representations – if those representations are to be of any genuine value to the Examining Authority.

In this context, we should point out that our client's position has been further prejudiced and undermined by the fact that rather than recognise the clear logistical difficulties that will now face participants required to read and assess the 14 boxes of application folders that have been submitted in the middle of the August holiday season, the County Council have determined that the period for registration and submission of representations merits only a short extension beyond the minimum required, until 24 September.

We do find it difficult to understand how such a process can in any way be seen to be equitable. I would certainly be grateful if you would ensure that our client's concerns are placed before the Examining Authority as appropriate and in the meantime, I would welcome your response to the question raised above as soon as may be practicable.

Advice given

Since 25 July 2018 we have had no contact with Suffolk County Council (SCC) in respect of any of the issues raised by your client.

Following publication of SCC’s s56 notice, the Registration form became available on the National Infrastructure Planning website today [17 August 2018]: https://infrastructure.planninginspectorate.gov.uk/projects/Eastern/Lake-Lothing-Third-Crossing/

The deadline for registration is 11.59pm on 24 September 2018, giving 38 days for parties to make a Relevant Representation.

Please note that an Examining Authority is yet to be appointed to examine this application.