Enquiry from South Wales Police relating to the Rule 17 letter issued 15 May 2015
See attached

South Wales Police

Email to PINS querying receipt of examination correspondence
Dear Mr Picton,

Thank you for your email of 20 January 2015.

The Steel Company of Wales (9 Nellive Park, St Brides Wentlooge, Newport, Gwent NP10 8SE) was listed in the Book of Reference by Tata Steel (the Applicant for the planning application for the Port Talbot Steelworks) under Category 3, as persons entitled to make a claim under Section 10 of the Compulsory Purchase Act 1965, Part 1 of the Land Compensation Act 1973 or s. 152(3) of the Planning Act 2008.

Section 57 of the Planning Act 2008 defines Category 3 as follows:

(4) A person is within Category 3 if the applicant thinks that, if the order sought by the application were to be made and fully implemented, the person would or might be entitled?

(a) as a result of the implementing of the order,

(b) as a result of the order having been implemented, or

(c) as a result of use of the land once the order has been implemented,

to make a relevant claim.

This is subject to subsection (5).

(5) A person is within Category 3 only if the person is known to the applicant after making diligent inquiry


Therefore, we have an obligation to send correspondence to all addresses listed in the Book of Reference during the examination stage, and none of these can be removed.

We apologise for any inconvenience, and advise that you are under no obligation to take part in the examination of this application. If however you do decide to attend hearings, or engage in the examination process in any way or require further information at any time, please contact us.

Thank you

The Steel Company (Wales) Ltd - William Picton

I simply want to know what Tata are planning for Port Talbot, I have no intention of making a representation.

(Enquiry made via electronic relevant representation form)
Thank you for the comments you submitted on 30th September 2014
concerning the Internal Power Generation Enhancement for Port Talbot
Steelworks.

The applicant for this project intends to enhance the existing Tata
Steel power station at Port Talbot Steelworks by building two new
boilers (164MWth) and two new turbines (65MWe) which will be housed in a
new power station building with associated new pipework connecting the
proposed new power station to the existing power station.

For further information on the proposed development for the Port Talbot
Steelworks please refer to the project page on the National
Infrastructure website:

[attachment 1]
r-generation-enhancement-for-port-talbot-steelworks/

as well as the applicant?s (Tata Steel?s) own project website:

[attachment 2]

As your comments did not include your views concerning the proposed
development, and as per your statement provided, you have not been
registered as an Interested Party for this project.

If you decide that you would like to register as an Interested Party
please submit your views (a summary of what you agree and/ or disagree
with in the application, what you consider the main issues to be, and
their impact) on the project using the same application form as you
completed initially by no later than 11:59pm Wednesday 22nd October
2014.

Please find below a link to the Planning Inspectorate?s Advice Note 8.3, for
further information on registering as an Interested Party. You can also
contact the Planning Inspectorate for any further information.

[attachment 3]

Maurice Bottomley

Section 51 advice on matters which came to light during the acceptance stage of the Internal Power Generation Enhancement for Port Talbot Steelworks application
I am writing in relation to your application submitted to the Planning Inspectorate on 7 September 2014 for the proposed project. You will be aware that the Planning Inspectorate issued its decision to accept the application and to proceed to examination on the 2 September 2014.

Minor issues have been identified which we feel it would be prudent to draw to your attention prior to the commencement of the examination. This letter therefore contains advice which is issued to you under s.51 of the PA 2008.

HRA Screening Matrices

The application is accompanied by a ?No Significant Effects Report? (Doc. 5.03). This document identifies Appendix F as ?HRA Screening Matrices?. However, unlike the other appendices listed, Appendix F has not been provided with the application documents.

Further information on the HRA screening Matrices can be found in the Planning Inspectorate?s Advice Note Ten: Habitat Regulations Assessment relevant to nationally significant infrastructure projects. A set of matrices are appended to this advice note which the Planning Inspectorate recommends are completed by applicant.

These are normally submitted with a Development Consent Order (DCO) application. These matrices will form an integral part of the information submitted with the application. This advice note explains how the matrices should be prepared by the applicant and how these matrices will be used to inform the decision making process.

Book of Reference

As noted in the published s55 checklist, each person in one or more of s44 categories appear to have been consulted by the applicant, with the exception of The Steel Company of Wales Ltd, which is listed in the Book of Reference (Doc 4.3), but is not listed under Appendix 5 of the Consultation Report (Doc 5.01). The Steel Company of Wales Ltd is identified as a category 3 person in Part 2 of the Book of Reference, for the following 15 plots; 01/04, 01/06, 01/08, 01/09, 02/01, 02/02, 02/03, 02/04, 02/05, 03/01, 03/02, 03/03, 03/04, 04/01 and 04/02.

The applicant should consider clarifying the status of ?The Steel Company of Wales Ltd?.

Civil and Marine Slag Cement Ltd is listed in the Book of Reference (Doc 4.3) under Category 3, however it is listed in Appendix 5 of the Consultation Report (Doc 5.01) as ?Category 1 and 2 person within s. 44?. The applicant should consider clarifying the status of this organisation.

Minor Discrepancies

There are a few minor discrepancies between the contact details used for some organisations listed in the Book of Reference, and details used for the same organisation elsewhere in the application documents.

Dwr Cymru?s address differs between the Book of Reference (Doc 4.3) and Appendix 5 of the Consultation Report (Doc 5.01).

Conversely, the same address is used between the Welsh Development Agency in the Book of Reference, and the Welsh Government in Appendix 5 of the Consultation Report.

It is further noted that the addresses provided in Appendix 5 of the Consultation Report for the following organisations, differ from details held by the Planning Inspectorate; Passenger Focus; Health Protection Team, Public Health Wales; and Associated British Ports. Two addresses are provided for Associated British Ports in Appendix 5 of the Consultation Report.

The applicant may wish to consider clarifying the reasons for each discrepancy and, where addresses differ from those held by the Planning Inspectorate, check that the contact details previously used remain extant.

Statutory Instrument Template

The DCO must be made in the form of a Statutory Instrument (?SI?) using the SI template. If you have not already used the official SI Template, one can be requested from HM Stationary Office via the Planning Inspectorate.

Errata

It is noted that an errata document was submitted by you to the Planning Inspectorate on the 12 August 2014. For the avoidance of doubt, this document was not taken into consideration during the acceptance period.

The errata will be held on file until an Examining Authority (ExA) has been appointed, at which point it will be for the ExA to use its discretion to decide whether or not to accept it as an examination document.

Tata Steel UK Ltd - Ben Lewis

Please follow the below link to view the Planning Inspectorate's comments on the Developer's draft documents.

TATA Steel UK Limited - Ben Lewis

Round Table Presentation

Tata Steel

Round Table meeting with the Planning Inspectorate, the applicant and statutory consultees

Tata Steel

Project Update Meeting
Please see Meeting Note attached

Ben Lewis

Project Update and Discussion on Draft Documents
Please see meeting note attached.

Tata Steel UK Ltd AECOM

The Applicant requested feedback on its draft Statement of Community Consultation (SoCC)
Thank you for providing a copy of your draft SoCC on 2 October 2013, on which we make the following observations:

We note that you have not yet commenced consultation on the content of your SoCC with the relevant local authorities under s47(2) of the Planning Act 2008. Please note that, under s47(3), you should allow a minimum period of 28 days for comment.

In addition to the above, please note that paragraph 31, DCLG Planning Act 2008: Guidance on pre-application process (2013) states that: "where a local authority decides that it does not wish to respond to a consultation request on the Statement of Community Consultation, the applicant should make reasonable efforts to ensure that all affected communities are consulted."

We note that in your draft SoCC you use the terms "formal" and "informal" when describing the two stages of consultation. In the interests of clarity we advise you only to use the terms ?statutory? and ?non-statutory?. Furthermore, it is useful for applicants to use consistent terminology between their SoCC and Consultation Report. It is for the applicant to determine how to explain their consultation approach. However, it must be clear which stages of consultation were ?statutory? and ?non- statutory? and under which sections of the Planning Act 2008 statutory consultation was undertaken.

The draft SoCC does not appear to mention when you intend to commence consultation under s42. If you are intending to carry out consultation under both s.42 and s.47 at the same time, please be aware that on or before commencing statutory consultation under s.42 you must provide the Secretary of State with notification under s.46 of the Planning Act 2008.

We would also draw your attention to DCLG Planning Act 2008: Guidance on pre-application process (2013), which states "where an iterative consultation is intended, it may be advisable for applicants to carry out the final stage of consultation with persons who have an interest in the land [As set out in section 44 of the Planning Act 2008] once they have worked up their project proposals in sufficient detail to identify affected land interests".

In more general terms, please note that it is advisable for applicants to ensure that the summary of relevant responses received during all pre-application consultation is captured within the Consultation Report. In addition, all applicants are advised to explain how those responses influenced the proposal and how those changes were applied as a result of comments received (please see the Planning Inspectorate?s Advice Note 14 for further information).

Ben Lewis

Introductory project meeting for the Internal Power Generation Enhancement for Port Talbot Steelworks.
Please see meeting notes attached.

Tata Steel