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Advice to Western Power Distribution

Enquiry

• From: Western Power Distribution
• Date advice given: 7 February 2013
• Enquiry type: Phone

Western Power Distribution telephoned for an explanation for the terms 'relevant representation' and 'written representation'.

Our advice was by email.

Advice given

Thank you for your telephone enquiry on Thursday in regard to the Redditch Branch Enhancement Scheme application and asking for an explanation of the terms ?relevant representations? and ?written representations? under the Planning Act 2008 (as amended by the Localism Act 2011) (PA 2008). I believe you have spoken to Sian Evans on the project team but I felt this information may still be useful.

As you are aware, PA 2008, and Regulations made under it, set out a number of straightforward matters (such as your name and address) that a representation must contain before it can be treated as a ?relevant representation?. A ?relevant representation? gives persons and organisations an entitlement to become an ?Interested Party? and participate in the examination process. The form also contains an ?outline of the principal submissions which the person proposes to make in respect of the application?, as required under Regulation 4(2) of The Infrastructure Planning (Interested Parties) Regulations 2010. To be valid, the representation should be submitted on a fully completed Planning Inspectorate Registration and Relevant Representation form, and received by the Planning Inspectorate within the registration period (of at least 28 days) set by the applicant. For an interpretation of what constitutes a valid ?relevant representation?, please refer to section 102(4) of PA 2008, which contains, amongst other requirements, ?material of a prescribed description?, in relation to Regulation 4(2) which further explains what the form must contain. For information, please refer to the link to the Interested Parties Regulations:

http://www.legislation.gov.uk/uksi/2010/102/pdfs/uksi_20100102_en.pdf

Relevant representations are then used by the Examining authority to help identify the initial principal issues for examination. These are included together with a draft timetable in the letter inviting all Interested Parties to attend the Preliminary Meeting, which was held on 7th January 2013 for the Redditch application.

The examination is mainly a written process, based upon the relevant and written representations of Interested Parties and the written responses to questions asked by the Examining authority. As such, Interested Parties are given the opportunity to provide a more detailed ?written representation?, supported with relevant information and evidence, by the deadline set out in the examination timetable. Interested Parties can also comment on representations made by others. Though anything submitted in the earlier ?relevant representation?, made at the point of registration with the Planning Inspectorate, will be taken into consideration by the Examining authority. Again, for further information I refer you to Rule 10 of The Infrastructure Planning (Examination Procedure) Rules 2010, stating under Rule 10(4):

'Any person, other than the applicant, who submits a written representation, must identify in their written representation those parts of the application or specified matters with which they agree and those parts with which they do not agree, and must state the reasons for such disagreement.'

http://www.legislation.gov.uk/uksi/2010/103/pdfs/uksi_20100103_en.pdf

The period to make written representations and comments is currently open for the Redditch application.

In addition to Primary and Secondary legislation, you may also want to refer to the Planning Inspectorate?s non-statutory Advice Note 8, which provides useful information on the examination process:

http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/

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