Advice to Galloper Wind Farm Ltd

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Enquiry

From
Galloper Wind Farm Ltd
Date advice given
5 October 2012
Enquiry type
Post

Projects falling under the Planning Act 2008 regime are required to answer questions from their Examining Authorities (ExA) in relation to security of funding in the event of a Compulsory Acquisition request being granted by the Secretary of State.

Galloper Wind Farm Limited requests s51 advice from the National Infrastructure Directorate in response to the following queries:

  1. Against what criteria are ExA judging the relative concern with respect to each promoter's ability to provide funding, including expected level of compensation, company legal structure, strength of the promoter and any parents mentioned in the Funding statement or subsequent submissions;

  2. Where a concern arises against (1), against what criteria will ExA judge whether they consider any funding mechanism or security to be adequate and therefore how will they determine questions during the Examination in pursuit of this;

  3. Where the proposals from the developer are considered inadequate, against what criteria and at what time is a request, such as that made in the Rule 17 letter on Covanta Rookery South, quantified and made;

  4. Guidance is sought in respect of the Secretary of State’s powers following receipt of the Examining Authority’s report, pursuant to section 104(2)(d) of the 2008 Act, which require the Secretary of State to have regard to 'any other matters which the Secretary of State thinks are both important and relevant to his decision'. In the event that the Secretary of State requires further assurance from the applicant on the issue of security, is this a matter on which the Secretary of State would request further representations from the parties prior to making his decision?

Advice given

Please see the attached letter

Attachments

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