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Advice to Winckworth Sherwood

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Enquiry

From
Winckworth Sherwood
Date advice given
30 January 2012
Enquiry type
Email

When we spoke on 17th January I pressed for Network Rail to be notified of the subject matter of the specific issue hearing more than the week you said we might expect. You assured me that we would hear a good week or so beforehand.

We are now starting to prepare for the hearings but, self-evidently, are hampered by ignorance of the subjects to be discussed. If this were a planning inquiry we would know that we had to cover the entire case plus arguments on all objections. The DCO procedure is, as we all know, designed to streamline that so that the ExA hears what he needs to for the purposes of his investigation, and no more, and applicants do not have to prepare a case that is not to be heard at the hearing. That simply does not work If an applicant is not given sufficient notice of the subject matter of hearings. Apart from anything else, one cannot plan for which members of a sizeable project team should be present so as to contribute their specialist expertise as required.

We are seeing Counsel on Wednesday to discuss, among other things, the extent to which his presence will be necessary. Most importantly, we will also be assessing Network Rail?s position on matters of detail to be canvassed at the hearings. We have to suppose that the hearings will be addressing things over and above the responses already given, or they would not be raised at the hearing.

All this explains why I am chasing you today for notification of the issues to be discussed at the specific issue and compulsory purchase hearings. Can you confirm that we may expect to receive this before close tomorrow?

Advice given

As discussed during our telephone conversation on 17 January, we are not at this stage, in a position to inform you or any other party of the specific matters which are to be discussed at the hearings.

Whilst I appreciate the concerns you raise regarding Network Rail's preparation for the hearings, there is no requirement for us to provide this to you in advance of any hearing. Rule 14(2) of the Examination Procedure Rules 2010 states that "at the start of the hearing the Examining authority (ExA) shall identify the matters to be considered at the hearing...." please also note that as all interested parties are entitled to attend, it is always possible they will raise a wide range of issues on the day.

Contrary to the above and as explained during our telephone conversation, in order to assist parties as much as possible, the ExA has decided to issue an agenda approximately one week prior to the start of the hearings however we will endeavour to get this to you as soon as possible (with an aim of tomorrow).