Advice to Jonathan Dean
Back to listEnquiry
- From
- Jonathan Dean
- Date advice given
- 31 January 2024
- Enquiry type
During the examination of an NSIP does an Interested Party have a statutory right to present during the examination, and if so, which regulation permits this?”
Advice given
There are rights to participate in the Examination afforded to those with a status such as Interested Party status through a number of provisions. Some of the following provisions may be of relevance to your query: Section 91 (3) of the Planning Act 2008 (PA2008) provides that a person with Interested Party status (subject to the Examining Authority's powers of control over conduct of the hearing) is entitled to make oral representations about the issue inder discussion at Issue Specific Hearings. Section 92 (4) of PA2008 provides that the applicant and each affected person is entitled to make oral representations (subject to the Examining Authority's powers of control over conduct of the hearing) at a Compulsory Acquisition Hearing. Section 93 (3) provides that each Interested Party is entitled (subject to the Examining Authority's powers of control over conduct of the hearing) to make oral representations about the application at an Open Floor Hearing. The Infrastructure Planning (Examination Procedure) Rules 2010 and the Planning Act 2010 make provision for certain parties to be invited and participate in the Preliminary Meeting during the Pre-Examination Stage, make Written Representations and in the case of section 96 of PA2008 for representations not made orally to be made in writing.”