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Advice to Carmarthenshire County Council

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Enquiry

From
Carmarthenshire County Council
Date advice given
11 November 2011
Enquiry type
Email

Query on the Examining Authority's ability to request further information during the examination of a Nationally Significant Infrastructure Project.

Advice given

The caller was informed that while there were options under the Planning Act 2008 for the Examining Authority (ExA) to request further information and / or clarifications relating to specific details during the examination process, there is limited scope for the developer to make substantive changes to their application once it has been accepted by the IPC for examination.

The ExA has the ability under Rule 8 of The Infrastructure Planning (Examination Procedure) Rules 2010 to request further information on any matter contained in the application, specified matters or a relevant representation. These questions and the timeframe for their submission are set out at the close of pre-examination stage as part of the procedural decision letter that follows an application’s preliminary meeting.

The ExA may also at any time before the completion of the examination request further information or written comments from any interested party under Rule 17 of the Examination Rules.

Where an application’s Environment Impact Assessment (EIA) has been deemed inadequate, the ExA can suspend the examination to request further information under Rule 17 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009.