Section 51 advice issued to Aaron & Partners LLP
Please see attached correspondence

Aaron & Partners LLP - David Harries

It would be helpful to me ? and perhaps to you ? if you could let me know the way the proceedings will take place.
For example,
1. Will I only be expected to make an oral statement and possibly be cross examined by the Inspector?
2. Will I be able to cross examine or respond to other people making oral statements?
Unlike Open Floor Hearings (OFH), which generally have no specific agenda and allow Interested Parties to speak for a limited time regarding topics and issues based on previous written submissions, Issue Specific Hearings (ISH) are structured by an agenda issued by the Examining Authority (ExA).

We anticipate that the agendas for the Issue Specific Hearings scheduled for 17, 18 and 19 March 2015 will be published on the project website early next week and hard copies will also be made available at each of the scheduled hearings on the day.

As some Interested Parties have indicated to the case team that they wish to make oral representations at the ISHs, the ExA may use his discretion to allow attendees to make opening statements, if they so wish. As the examination is inquisitorial, as opposed to adversarial, the ExA will only ask further questions if he believes this is necessary for clarification on a particular subject matter.

John Morgan

do you know yet if Mr. Asquith has timetabled any other Issue Specific Hearing sessions in addition to the DCO Hearing? The reason I ask is I would like to raise further points to do with landscape and would hope to do this during a 'Landscape Hearing'. If there is to be no such hearing could I raise these concerns at the Open Floor Hearing?
Currently, the Examining Authority (ExA) has only scheduled one Issue Specific Hearing (ISH) on the draft Development Consent Order (dDCO). However, the deadline of 18 February 2015 in the Examination timetable includes ?Confirmation by the ExA of date, time and place for further Issue Specific Hearings, if any are required? to coincide with time reserved in week commencing 16 March 2015 for further Issue Specific Hearings and Accompanied Site Inspections. If there are to be further ISHs held then you will be notified by this deadline.

Therefore, it may be prudent to include the points regarding landscape in your oral submission at the Open Floor Hearing, scheduled for 4 February 2015, to ensure they are included in the examination.

Peter Foulkes

S51 advice following the acceptance of a late submission for Deadline II - 18 December 2014.
We refer to your late submission for Deadline II received on 6 January 2015 and accepted by the Examining Authority (ExA) on 7 January 2015. The ExA is under a duty to complete the examination of the application by the end of the period of 6 months, i.e. 20 May 2015.
In addition to the timetable set out in the ExA?s Rule 8 letter dated 27 November 2014 please note that the ExA may at any time before the completion of its examination of an application or specified matters request further information or written comments from an Interested Party, who may supply such information by the date and in the manner specified by the ExA. In this instance the ExA has used his discretion to accept your submission and allow all Interested Parties the opportunity to comment thereon by Deadline III, 19 January 2015.

Submissions or publication may be made on or before the identified dates in the timetable (or any published revised timetable). The submission dates are those by which the Planning Inspectorate must receive submissions.

Late submissions prejudice all Parties and the delivery of a proper examination. It is in every Party?s interests that all submission stages are followed and engaged with constructively. We draw your attention to the costs guidance, which can be found at the following link:
[attachment 1]

In writing, whilst appreciating the difficulties you have experienced in accessing relevant information in respect of the application, we underline the importance of meeting the deadlines during the examination of the Mynydd y Gwynt wind farm application. In the event that any new submissions are made on which the ExA is unable to invite responses before the examination deadline, the ExA may not be able to accept or be in a position to give full weight to those submissions.

Sophia Smith

Query relating to uncertainty regarding the deadline for Written Representations
Thank you for your email, I confirm receipt.

Please be aware that Deadline I ? 11 December 2014 is only for receipt of the following:

? Notification by Statutory Parties to inform the ExA of a wish to be considered an Interested Party
? Notification of wish to attend the ExA?s inspection of a site to which the application/specific matters relate in the company of Interested Parties (an Accompanied Site Inspection (ASI))

Interested parties have until Deadline II ? 18 December 2014 to submit Written Representations with regard to the Mynydd y Gwynt Wind Farm application. Please view the confirmed Examination timetable for future deadlines: [attachment 1].

In light of this, please advise whether you wish to withdraw your submission and re-submit an updated Written Representation for Deadline II ? 18 December 2014. Alternatively, you can submit further Written Representations up to the deadline, which will be amalgamated together to form one submission. Please note that Written Representations over 1,500 words should be accompanied by a summary of the points raised.

It is also noted that your submitted representation (attached) requests that the Examining Authority (ExA) visits the Cefn Croes wind farm during its examination. This is relevant to Deadline I as along with requests to attend the Accompanied Site Inspection (ASI), scheduled for 3 February 2015, the ExA has also requested ASI itinerary suggestions. Therefore, I suggest you either confirm this request in an email before 11 December 2014, or advise that you wish for your submitted representation to be accepted for Deadline I.

To summarise, you have the following options:

1. Advise which deadline you wish the attached submission to be accepted for - Deadline I or Deadline II.
2. Withdraw the attached submission and submit separate submissions for Deadline I and Deadline II.

Please contact me on the details below if you wish to discuss these options further. If you have not responded by 11 December 2014, we shall accept your submission for Deadline I.

David Morgan Jones

I have been discussing offshore planning issues with the MMO in the recent months and they have asked that we register to receive consultee notifications from [attachment 1]. Is this something you could set-up, or send me a link to do so?
Seafish, the authority on seafood (The Kingfisher Information Services) are currently not identified as a Statutory Consultee, under Schedule 1 of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009, and therefore if you wish to be consulted on Nationally Significant Infrastructure Projects (NSIP) you must register individually to become an ?interested party? for each relevant NSIP that is formally submitted to the Planning Inspectorate. Registering to become and interested party and submitting a ?Relevant Representation? will grant you legal status to participate in the Examination.

Once an NSIP is submitted and accepted for Examination, the applicant is statutorily required, under s56 of the Planning Act 2008 (as amended), to notify of the accepted application and to advertise the time period in which members of the public and organisations can register to become an interested party.

The project pages of the Planning Portal website also offer an email updates feature in which you can sign up to receive notifications of when a project reaches key milestones and when key documents are published as well as choose to be notified when the registration period opens. Please visit the relevant specific NSIP page and enter your email into the ?sign up? box on the right of the page to register for this feature.

Please note that using the email updates feature does not grant you interested party status. You must still register to become an interested party if you wish to participate in the Examination.

If you have any questions regarding specific NSIPs please use the contact information given on the overview tab of the project page.

Matthew Frow

I have come to Aberystwyth Library today to look at the MYG application, in particular, the photographs, maps and other figures which are very difficult to look at online. To our surprise, the copy of the application document lodged at Aberystwyth Library under Section 56 advert in the Cambrian News 4 September 2014, has been removed - it has apparently been collected by the Developer's Team. I am puzzled. It seems odd that the application and figures were made available as paper copy but removed while the examination is ongoing. Please could paper copy be restored to Aberystwyth Library and in all other identified libraries. I do not feel that making documents available only online is in the spirit of openness in the planning process.
Under section 56 of the Planning Act 2008 (as amended) and regulation 9 of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009, the applicant ? Mynydd y Gwynt Ltd. ? was only required to make the application available to view until the deadline for receipt of Relevant Representations (17 October 2014). It appears that the applicant has removed the application from the locations identified in its s56 notice following the elapse of this deadline.

The Planning Inspectorate is required, under rule 21 of The Infrastructure Planning (Examination Procedure) Rules 2010, to make the accepted application documents and the Examination documents available for inspection by the public. For the Mynydd y Gwynt Wind Farm application, the Planning Inspectorate has decided that the deposit locations should be digital. The four locations set out in Annex A of the Examining Authority?s rule 8 letter provide the local community the ability to view the application, free of charge, on the National Infrastructure pages of the Planning Portal website.

You may wish to contact the applicant directly to request that the hard copy of the application, formally held at Aberystwyth Library, is reinstated. However, there is no legislative duty that requires your request to be adhered to.

Gillian Foulkes

Submission from an un-registered party
As neither Shropshire North Against Pylons (SNAP) or yourself are registered Interested Parties or Affected Parties, you currently have no legal status allowing you to participate in the examination of the Mynydd y Gwynt Wind Farm application. However, the Examining Authority (ExA) can accept ?Additional Submissions? from un-registered parties or members of the public and has used its discretion to accept your (attached) submission.

Your submission, which was accepted on 13 November 2014 and was published on the project pages of the Planning Portal?s website today, can be viewed here.

Please note that having a submission accepted as an Additional Submission does not grant you, or SNAP, Interested Party status. However, the ExA has requested that you should be included in the examination as an ?Other Person?. Other Person status means you are formally invited to the Preliminary Meeting (PM), scheduled for 20 November 2014 at Llanidloes Community Centre, Llanidloes, and following the PM, shall receive the ExA?s ?rule 8? letter, formally confirming the Examination timetable, notification of any additional changes to this timetable for the duration of the examination as well as notification of the Secretary of State?s final Decision.

The ExA?s ?rule 4 and 6? letter which invites Interested Parties and Statutory Parties to attend the PM can be viewed here.

SNAP - Charles Green

Written submission from Welsh Government received in the Pre-examination stage
We have reviewed the representation you submitted on 13 November 2014 (attached) and feel, as it does not reference how the application is to be examined by the Examining Authority (ExA), it should be submitted for Deadline I as your ?Written Representation?(WR).

The ExA has yet to confirm the Examination timetable for this application, which it will do in its ?rule 8? letter shortly after the Preliminary Meeting has closed, however we are happy to accept receipt now and your WR shall be formally accepted and published once the deadline for Deadline I has elapsed. As a Statutory Consultee, Welsh Government will be issued a copy of the rule 8 letter containing the confirmed Examination timetable.

Please note you may submit further representations as part of your WR; any further submissions received before the elapse of Deadline I shall be merged with this submission. WRs over 1,500 words will require a summary of the key points raised, which should be no larger than 10% of your WR.

Welsh Government - Gwenllian Roberts

Please see attachment
After reviewing your request, please find the following information showing which areas the 75 relevant representations received originated from, in descending order:

Powys ? 27 RRs (36%); Ceredigion ? 26 RRs (34.67%); Carmarthenshire ? 6 RRs (8%); Cardiff ? 3 RRs (4%); Gwynedd - 2 RRs (2.67%); Shropshire ? 2 RRs (2.67%).

We received one representation each from the following areas (1.33%): Bath and North-East Somerset; Dudley; Dyfed; Lancashire; Merseyside; Oxfordshire; Surrey; Warwickshire and Worcestershire.

Aaron and Partners LLP - Keith McKinney

Query regarding the appropriate time to submit a written representation
The rule 4 and 6 letter, giving notice of the appointment of the Examining Authority (ExA), the ExA?s initial assessment of principle issues and the date on which the Preliminary Meeting will be held was issued to all statutory consultees and registered interested parties on 27 October 2014. This letter contains the ExA?s draft examination timetable for the Mynydd y Gwynt Wind Farm application and is provided at annex C, thereto.

Although the ExA has discretion to accept submissions during the ?pre-examination? stage, it would be more appropriate to submit your written representation once the examination has formally opened (following the close of the Preliminary meeting on 20 November 2014) i.e. Deadline I ? 18 December 2014.

Please note the examination timetable will be confirmed in the ExA?s next procedural decision, the rule 8 letter, as soon as practicable following the Preliminary Meeting. You will be able to view this letter on the project pages of the Planning Portal website once it has been issued: [attachment 1].

Iain Aitken

Query asking whether a presentation could be given to the Examining Authority and when would the appropiate time be to give it.
The most appropiate time to give a presentation to the Examining Authority (ExA) would be during an 'Open Floor Hearing'. This hearing gives members of the public the opportunity to make oral representations.

The Mynydd y Gwynt Wind Farm application is currently in the pre-examination stage. Once the Preliminary Meeting is held on 20 November 2014 and the Examination period formally opens, the Planning Inspectorate will issue a 'rule 8' letter setting out the confirmed Examination timetable. The timetable will identify when the Open Floor Heaings will be held.

You will be asked to confirm your attendance at any hearings identified in the examination timetable and whether you wish to speak. The Examining authority will control the conduct of the hearings. They will need to decide, based on the number of people who wish to speak at any particular hearing, whether there is time for you to make a presentation or whether oral representations will be time limited, in order to allow all those who wish to make an oral submission the opportunity to do so in the time available.

The case team can provide you with further advice about the conduct of any hearings closer to the event. You should note that any oral representations made are supplemental to the written representtaions made. Interested parties should not rely on raising points verbally that they have not already put in writting by the dealines that will be set out in the examination timetable.

Steve Wood

It would also be helpful to know whether it should be assumed all handwritten documents sent re National Infrastructure Projects will be redacted in order to be put on the website ,rather than scanned (as some councils and public inquiries do), or if it depends on the stage of the project(and in this case will be explained later).
I can confirm that representations for all NSIP applications are redacted accordingly before they?re published on the National Infrastructure pages of the Planning Portal website. Relevant Representations are the only submission that must be submitted on the prescribed form of either the electronic or paper registration form, under regulation 4(1) of The Infrastructure Planning (Interested Parties) Regulations 2010. If the paper registration form is submitted, Relevant Representations are then typed out on to an electronic form and published instead of being scanned. All future submissions however will be scanned, redacted and published on the format that they were submitted on.

Sophia Smith

I am writing to enquire about the possibility of late registration as interested party in regard to this application. I believe I have missed the deadline by a matter of days. I?m afraid I?m not familiar with the Inspectorate?s procedures and when I subscribed for updates I believed I had also registered. In fact, I?m still not certain that I haven?t, but think that probably this is something I still need to do. I would be very grateful to be allowed to register. Could you please advise me?
The registration period to become an interested party for the Mynydd y Gwynt Wind Farm application elapsed on 17 October 2014. Unfortunately the Planning Inspectorate has no discretion to register members of the public retrospectively if they did not complete a valid registration form before this date.

Registering to become an interested party affords members of the public and organisations a legal status granting them the ability to formally put views across in writing via written submissions, or verbally at hearings. This is different to signing up for email updates via the project pages of the Planning Portal?s website, which sends emails advising of key milestones, publishing of key documents and notification of hearings and site visits for a specific project.

However, once appointed, the Examining Authority (ExA) has discretion to accept late submissions and submissions from non-interested parties as ?additional submissions?. If you wish to submit a written submission, please submit it to the Mynydd y Gwynt Case team on the details below. Please note there is no guarantee the ExA will accept your submission as part of it?s examination; neither would acceptance of your submission grant you interested party status.

You may attend the Preliminary Meeting if you wish, as well as any other public hearings that may be held during the examination. The examination timetable, arrangements of all the public hearings, as well as published submissions and documents will be available to view on the project pages of the Planning Portal?s website: [attachment 1].

Margaret Tregear

Advice related to invalid registration to become an interested party as no relevant representation was included.
Thank you for registering your interest for the Mynydd y Gwynt Wind Farm project - EN010020.

Unfortunately, having reviewed your electronic form we feel your registration is currently incomplete. In order to deem your registration as valid, you will need to make a representation as part of your registration. Your representation should outline the principal submissions you propose to make in respect of the application and should state matters such as whether you agree or disagree with the application, what you consider the main issues are, and their impact. The principal issues you outline can then later be expanded and supported with evidence if you choose to submit a written representation, during the examination stage.

The content of relevant representations can vary from technical information from statutory consultees to locally-based information on how day-to-day lives will be affected. It is important that any issues you may have with the proposed application are raised as early as possible during this stage to allow such issues to be fed-in to the examination from the outset. Relevant representations also assist with developing the Examining Authority?s knowledge of the local area and the benefits/impacts the project would entail if consented.

Mynydd y Gwynt Ltd, the applicant of the Mynydd y Gwynt Wind Farm proposal, have set out that the registration period closes on Friday 17 October 2014 at 11:59pm. Therefore you have until this date to expand your representation, otherwise unfortunately we might not be able to accept your registration and you may not become an interested party.

You can either submit your representation by email or post to the details below. Once we have received your representation, we will update your registration form accordingly and you will continue to use the same reference: 10029979. As an interested party, you will be entitled to actively participate in the examination and the Planning Inspectorate will commit to keeping you informed at every step of the process.

For guidance on submitting a relevant representation please view our external advice note 8.3 - How to register and become an interested party in an application - [attachment 1].

Please feel free to contact us on the details below if you would like to discuss any matters raised in this email.

Michael Burnett

It is understood that Powys County Council ? as the ?host? local authority for the above project, is already an ?interested party? under the terms of the Infrastructure Planning (Interested Parties) Regulations 2010 and, therefore, does not need to register formally to take part in the examination process (if this is incorrect I would be grateful if you would advise me as soon as possible in order that the Council can register.
Thank you for your email.

As Powys County Council are the host ?B? authority for the Mynydd y Gwynt Wind Farm application, under section 102(1)(c) of the Planning Act 2008, Powys CC are automatically an interested party for the duration of the examination and therefore do not need to register.

However, as Relevant Representations help the Examining Authority with compiling its initial assessment of principle issues and
assist with knowledge of the local area, we still advise registering and submitting a Relevant Representation. The registration form also includes questions regarding participation in examination to help the case team resource appropriately.

The online registration form can be accessed by following the link below:
[attachment 1]

Please note the deadline for registering elapses on 17 October 2014 at 11:59pm, if you wish to discuss this matter further please contact me on the details below.

Jayne Foxley

Query as to whether Ceredigion CC need to register to become an interested party
Ceredigion County Council has been identified as a relevant ?A? authority under s43(2) of the PA2008. Following acceptance of the Mynydd y Gwynt Wind Farm application for examination, Ceredigion CC will be invited to attend the preliminary meeting and you will receive the ?rule 4 and 6? letter (notice formally appointing the Examining Authority (ExA), the ExA?s initial assessment of issues and notice of the preliminary meeting) and ?rule 8? letter (the timetable for examination) as well as notification of any changes to the examination timetable.

If Ceredigion CC wishes to be an interested party for the duration of the examination, you can either register and submit a relevant representation (the registration period closes on Friday 17 October at 11.59pm) or, following the issue of the rule 8 letter, submit in writing a request to the ExA to become an interested party (this can be done at any time during the examination however the ExA will set a deadline early in the timetable for requests from un-registered statutory consultees to become interested parties).

As Relevant Representations help the ExA with compiling its initial assessment of principle issues and assist with knowledge of the local area, we advise registering and submitting a Relevant Representation and confirming your interested party status early in the process. The registration form also includes questions regarding participation in examination to help the case team resource appropriately. Please follow the link below to view the online registration form:
[attachment 1]

The applicant should have notified you, under s56 of the PA2008, that the application has been accepted by the Planning Inspectorate, as well as provide information on how to register to become an interested party. The Planning Inspectorate has yet to confirm any details for the Preliminary meeting or issue any correspondence following the decision to accept application for examination.

We have updated Ceredigion CC?s contact details with the information you provided below. Please contact us if you wish to discuss this matter further.

John Evans

I would like some clarification on your S51 advice given to David Harries of Mynydd y Gwynt Limited on the 21st August 2014. Mynydd y Gwynt Limited submitted their finalised application for this wind farm on the 31st July 2014 and it was accepted on the 20th August 2014. How can PINS be offering the company advice after the submission, and acceptance date, on how to modify their application? Here I refer to the advice given on the possibility of including a Book of Reference (BoR) with their application.
You will be aware that the Planning Inspectorate acting on behalf of the Secretary of State for Communities and Local Government issued a decision to accept the Mynydd y Gwynt application to proceed to examination on the 20 August 2014.

The letter contained advice issued under section 51 of the Planning Act 2008 (PA2008) in relation to the section 55 checklist issued on the 21 August, which is not uncommon, to assist the applicant in considering what action (if any) to take and when.

You will note from the section 55 checklist that the submitted Consultation report and Explanatory Note associated to the Book of Reference (BoR) was considered by the Planning Inspectorate to comply with the requirements for acceptance. This however was based on an approach which was limited to whether procedural requirements were met based on the information on the face of these report. The Planning Inspectorate therefore considers on the evidence available in this case that it would be unreasonable to conclude at this stage that a Book of Reference is required.

In the light of the points made above, you should be mindful of the strict timetable for the Planning Inspectorate?s examination of applications, and of the significant risk of delay to the examination timetable if further work has to be carried out and completed during the examination. If any information to support the proposed application has been omitted in error, then the Inspectorate would welcome its submission at commencement of the examination. As a result the Planning Inspectorate has advised the applicant to review their BoR or their Explanatory Note thereof and remove all doubt on whether or not a Book of Reference is required by explicitly confirming that this is the case.

Peter Foulkes

I note that the application for a wind farm given the name Mynydd y Gwynt has just been accepted for examination by the Planning Inspectorate. I am part of a group who will probably be registering an interest in this project. I also not from your Advice note 8.3 that any 'Relevant Representation' form has to be received by you "within the registration period (of at least 28 days) set by the applicant." It is going to take some time for the group I am part of to meet and prepare our 'Relevant Representation', please can you tell me the cut off date that the completed form has to reach you.
I can confirm that the applicant will publicise the notice of the acceptance of the application for examination shortly. This notice will include the deadline for making relevant representations to the Planning Inspectorate.

The deadline for receipt by the Planning Inspectorate of any relevant representations should be not less than 28 days following the date that the notice is last published. The deadline is likely to be in October however we have not been formally notified of this by the applicant yet.

The applicant must publish the notice for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the proposed development would be situated, once in a national newspaper, and once in the London Gazette. In addition to this, the notice must be displayed at or as close as reasonably practicable to the proposed development site in a place accessible to the public. We will also publish the notice on the Mynydd y Gwynt home page of the Planning Inspectorate?s pages on the Planning Portal website. You would find this through the following link at: [attachment 1]

For your information, you can receive updates about the project at key milestones by signing-up to email updates on the Planning Portal project page at the link above. By signing up you will receive notifications such as when the period to register opens and closes. It is advised that in order to stay up to date with the application you regularly visit the Planning Portal project page.

You may also find our Advice Note 8.3 of help in explaining how you can make a relevant representation to us for this application, in order for the group to become registered as an ?interested party? for the purposes of the examination. This advice note and others can be found at:http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/

Peter Foulkes

Section 51 advice given following the decision to accept the application to proceed to examination on the 20 August 2014.
Please see attachment.

Mynydd y Gwynt Limited - David Harries

I am writing to declare my interest in the above application. Please would you inform me of any changes and when the Inspectorate will be considering the application.
The Planning Inspectorate (the Inspectorate), on behalf of the secretary of state, issued the decision to allow the Mynydd y Gwynt Wind Farm application to progress to examination on 20 August 2014, following submission by the applicant on 31 July 2014.

The application has now entered the ?Pre-examination? stage where the applicant is statutorily required to serve notice that the application has been accepted by the Inspectorate in a publicly accessible place along with publishing the notice in the local newspaper(s). This notice will include information advising the public when and how they can register to become an ?Interested Party?.

The registration period, which will run for a minimum of 28 days, is the correct time for members of the public to register their interest in the application. Registering as an Interested Party will also give members of the public the opportunity to outline any issues or concerns they may have regarding the scheme as part of their ?Relevant Representation?. Please note that only Relevant Representations submitted on the prescribed registration form will be accepted.

Once the registration period formally opens a paper copy of this form can be requested from the Inspectorate?s customer service number above. Alternatively, if you have access to the internet, an electronic version of the form will be available to complete on the Mynyndd y Gwynt project pages of the Planning Portal website:

[attachment 1]

The project page is regularly updated and will also advise you when the Registration period formally opens as well as give you access to a complete set of the application documents and associated correspondence.

Once you have submitted a completed registration form and Relevant Representation you will then become an Interested Party for the whole application process. As an Interested Party you will receive constant updates regarding the application and will later be invited to submit a ?Written Representation? in which you can expand, with evidence, any issues mentioned in your Relevant Representation. You will also be invited to any hearings or meetings held during the Examination.

Peggy Liford

Meeting with the applicant to provide feedback following the decision to withdraw the Mynydd y Gwynt Wind Farm application.
Please find meeting note attached.

David Harries

A meeting was held with the developer, Mynydd y Gwynt Ltd and Renewable Energy Holdings, about the progress of the project in the run up to submission. The advice given is recorded in the attached meeting note.

David Callister

Is a Design and Access Statement required as part of the application documents
Such a document is not specifically listed in the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (the APFP Regulations). It is noted however that APFP Regulation 5(2)(k) notes, where applicable, a plan identifying any new or altered means of access must be submitted. APFP Regulation 5(2)(o) notes the submission of any other plans, drawings and sections necessary to describe the proposals for which development is sought, showing details of design, external appearance ... means of vehicular and pedestrian access, etc.

If the proposal is EIA development, then the Environmental Statement will need to, as a minimum, include "a description of the development comprising information on the site, design and size of the development" (Infrastructure Planning (EIA) Regulations 2009, Regulation 2(1) and Schedule 4, Part 2).

You may also be aware of Section 4.5 of National Policy Statement EN-1 which provides guidance on "Criteria for "good design" for energy infrastructure". The NPPF acknowledges that 'good design is a key aspect of sustainable development' and Design Council CABE have published Design Guidance in 2012 on NSIPs.

Whilst there is no express requirement for a separate Design and Access Statement, you will need to satisfy yourself that within the application documents submitted there is sufficient information to satisfy the requirements in APFP and EIA Regulations and due regard has been had to other relevant matters.

Mynydd y Gwynt Ltd and REH - Keith McKinney

Telephone conference - Project update and to discuss submission of draft documents
Please see the attached meeting note

Mynydd y Gwynt Ltd and REH - Keith McKinney

Enquiry regarding why consultation correspondence was received from Mynydd y Gwynt
The proposal for the Mynydd y Gwynt wind farm is considered a Nationally Significant Infrastructure Project (NSIP) due to its proposed generating capacity. On that basis, should a formal application be made, it will be submitted to the Planning Inspectorate (who operate the process on behalf of the Secretary of State) and will be determined under the Planning Act 2008 regime rather than the Town and Country Planning Act regime.

The Planning Act 2008 regime places a lot of emphasis on the applicant to undertake pre-application consultation with various groups, individuals and organisations. To that end a list of prescribed consultees is set down in legislation, and the short hand for this type of pre-application consultation is 'Section 42 consultation'. As part of some recent changes to the legislation, developers of NSIP schemes are required to consult: "the relevant local health board" meaning a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006. This may explain why Powys Teaching Health Board has received consultation correspondence from Mynydd y Gwynt and why you may not have received it previously.

As part of our phone conversation I noted that 'Section 47' consultation related to consultation with local communities.

Sumina Azam

Update on the project requested.
When discussing the next stages of the project at pre-application, the applicant was advised that all consultation should be clearly explained in the consultation report submitted by the applicant at acceptance. This should show how the project has developed through consultation and how responses to consultation have been taken into account.

Aaron and Partners - David Kerfoot

In the context of interest in three potential projects being submitted to the IPC in similar timescales, Mr Mosse asked what consideration had been given to those with limited / voluntary resources but who wish to attend all hearings, and what measures might IPC take to ensure that these groups are not overwhelmed by the hearing process.
There are several matters which may affect timetabling and the number of hearings, along with opportunities for you to have your say.

As you may be aware, before any examination can take place the IPC has 28 days to determine whether to accept an application for examination. During this period we consider the matters set out in section 55 of the 2008 Planning Act (the Act), including whether the developer has complied with the pre-application consultation requirements in the Act. Should an application be accepted for examination there is period of at least 28 days in which anyone can register with us as an interested party and make representations on the application. At this stage a either single commissioner or a panel of commissioners is appointed as the Examining Authority (ExA). The ExA then holds a preliminary meeting, to which all interested parties are invited, to consider how the application is to be examined.

Without prejudice to decisions on whether potential applications are accepted for examination, the timetable for any examination, including hearings, will be established following the preliminary meeting for each individual case. As mentioned above, if you register as an interested party for an application you will automatically be invited to that preliminary meeting. You will have the opportunity to raise matters you feel need an issue-specific hearing and any practical matters you wish the ExA to take into account in preparing its examination timetable. It will be for the ExA to determine which, if any matters should be subject to an issue-specific hearing, and the overall timetable.

Please be aware that the basis for any examination is the consideration of written representations. The purpose of issue-specific hearings is to ensure adequate examination of the issue or to ensure that an interested party has a fair chance to put its case.

We do also encourage all interested parties to consider the scope to work jointly with other individuals or organisations who share similar views on a proposed application.

British Horse Society - Michael Mosse

At a meeting on 4 May, the developer advised that it intends to begin formal consultation shortly.
As a follow up point in response to a newspaper article stating that formal consultation had begun, the IPC sought clarification from the promoter about the status of its consultation and volunteered the following advice under section 51 of the Planning Act:

Before the promoter undertakes formal consultation with statutory consultees under section 42 of the Planning Act 2008, the IPC needs to receive notification from the promoter that it is either requesting the IPC's opinion on whether an Environmental Assessment is needed (Screening opinion under section 6 of the Infrastructure Planning (Environmental Imapct Assessment) regulations 2009) or notifiying us that it proposes to submit an Environmental Statement with an application.

The IPC also advised that this regulation does not apply to consultation with the local community under section 47 of the Planning Act.

Aaron and Partners - David Harries

I object to all wind farms on welsh soil. They will bring no benefit to the area, no jobs, plenty of c02 through extra road loads. Disrupt wildlife, disrupt valuable peat beds, trees will be removed for turbines.wind turbines are only 19% efficient & cannot be relied upon. Not 1 power station will shut down. More will need to be built to back up these monstrouscities.The landscape will be plastered with ugly turbines of up to 606 feet. Tourism will suffer & the local economy through loss of revenue. Business will suffer. Emergency service response times will lengthen through road delays caused by turbine traffic. Plus many more reasons.
Until an application is made to the IPC, it is the developer's responsibility to seek views on its proposals. However, it is helpful for the IPC to be kept notified of the progress of this application from local residents. Your comments have been noted and will be kept for our information.

The proposed Mynydd y Gwynt Wind Farm is currently at the pre-application stage where the developer (in this case Mynydd y Gwynt Ltd and Renewable Energy Holdings) must comply with consultation requirements as set out in the Planning Act 2008. The pre-application consultation gives you the opportunity to shape and influence the proposed project. The developer is required to take account of any comments it receives and demonstrate how it has done this when it makes an application. As you may be aware the formal consultation with the local community on this project is due to commence shortly, you should therefore direct any concerns to the developer. Similarly, if you feel that your views are not being taken on board at pre-application stage, you should inform the developer and Powys County Council?s planning department as the local authority has the opportunity to comment to the IPC on the adequacy of the consultation undertaken.

Should an application be submitted and then accepted to go forward for examination, the public will be invited to register their interest and submit a ?Relevant Representation? to the IPC with a summary of their comments. More detailed representations can then be made during the examination stage. Further information can also be found on our website:

www.independent.gov.uk/infrastructure

Andrew Mason

The developer sent the IPC a draft copy of their SoCC. The comments the IPC gave are below.
Further to the copy of your draft SoCC sent on 13 May 2011, please find the following advice. This is advice for the purposes of section 51 of the Planning Act 2008 (the Act) and is not intended to be prescriptive. It is for applicants to determine the content of their applications. The decision on whether or not to accept an application under section 55 of the Act will be taken by a Commissioner who has had no involvement at the pre-application stage for this proposal. All advice the Commission provides at this stage does not prejudice or pre-judge the decision of the Commissioner. As always we would recommend that you seek your own legal advice on which you can rely.
>
>There are some factual matters below which you may wish to address.
>
>* Part 1 of the draft SoCC states that '?the application will be determined by the UK's Infrastructure Planning Commission?'. This will only be the case if a relevant National Policy Statement (NPS) has been designated. Otherwise, the application will be determined by the relevant Secretary of State, in this case the Secretary of State for Energy and Climate Change.
>
>* Part 2 of the draft SoCC refers to the DCLG Guidance on pre-application consultation but it does not refer to IPC Guidance Note 1, which is also statutory guidance published under s.50 of the Act to which applicants must have regard. The reference in this part to '?previous?.community consultation in 2006/7..' should make it clear that this was informal consultation rather than formal statutory consultation of the local community under s.47 of the Act.
>
>* Part 3 of the draft SoCC refers to the site being '...located on the periphery?' of one of the TAN 8 areas but then states that it is situated about 7km east. Our understanding is that the site is actually outside one of the TAN 8 areas rather than being on its periphery and the reference to it being about 7km east would support this. We would suggest that this should be clarified.
>
>* Part 4 of the draft SoCC states that 'following examination of the application, the IPC will make a recommendation to the Secretary of State who will decide whether you grant planning permission?. This is only the case if no relevant NPS has been designated. If a relevant NPS has been designated then under current legislation the appointed IPC decision maker will make the decision. This should also refer to grant of any 'development consent order' rather than 'planning permission'. In this part of the draft SoCC you interpret section 104 of the Act stating 'The IPC is required to make its decision in accordance with National Policy Statements?'. Section 104 subsections (4) to (8) of the Act also sets out exceptions to this, which the draft SoCC does not cover.
>
>* Part 4 of the draft SoCC refers to the '?.required documentation such as the Transport Management Plan and technical specifications'. In fact neither of these documents is required to be submitted with an application for development consent, although applicants may submit them under Regulation 5(2)(q) of the Infrastructure Planning (Applications:Prescribed Forms and Procedure) Regulations 2009 (the APFP Regulations). It is also stated that 'the NPS on energy is currently under review'. In fact, the relevant draft revised National Policy Statements in relation to Energy infrastructure (EN1, overarching energy NPS and EN3 renewable energy NPS) are currently undergoing Parliamentary scrutiny. The SoCC should make this clear.
>
>* Part 5 of the draft SoCC refers to a requirement to produce an ES. Please see our advice below in relation to Regulation 10 of the EIA Regulations. The SoCC needs to make it clear that the ES will, amongst other matters, include descriptions of the those aspects of the environment that are likely to be significantly affected by the proposed development and of the likely significant effects on the environment. Part 5 as drafted also states >?Once the application is submitted to the IPC Mynydd Y Gwynt Ltd will again consult with the public and statutory consultees on all the application information, including the ES?. There are no requirements for the applicant to consult on 'application information' or otherwise once the application is submitted. If any submitted application is accepted for examination, the Commission will write to the applicant to notify them. The applicant is then required to publish a notice which amongst other matters must give a deadline for persons to make representations to the IPC. Where relevant this would allow persons to register as an interested party with the IPC.
>
>* In part 7of the draft SoCC (summary) reference is made to '?the website?'. This presumably means the project website, a link to which is provided below. If so, this should be made clear so that there is no confusion with, for example, the IPC website which also contains information on this proposed project. Reference is also made to 'all consultation communications' being bilingual. It is not though stated whether any of the draft application documents will be provided in Welsh and if so which. This should be clarified.
>
>* In part 8 of the draft SoCC reference is made organisations called PAVO and CAVO. These organisations are not otherwise described and their potential relevance to the process under the Act is not explained. This should be clarified. The spatial extent of the proposed transportation consultation zone is not specified. It is also unclear to us why Llangurig and Ponterwyd have been specifically identified and included in the proposed 'inner zone'.
>
>There are some particular areas of legislation and guidance below that do not appear to have been fully addressed.
>
>* Regulation 10 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (the EIA Regulations) requires you to set out in the SoCC whether the development is EIA development. The draft SoCC does not appear to explicitly do this, instead in part 5 referring to the requirement to submit an Environmental Statement (ES). Whilst there is a requirement under Regulation 5(2)(a) of the APFP Regulations to submit an ES in respect of EIA development, the SoCC does still need to comply with Regulation 10 of the EIA Regulations.
>
>* Regulation 10 of the EIA Regulations also requires applicants, where it is EIA development, to set out how they intend to publicise and consult on the preliminary environmental information (PEI). We note that in part 7 of the draft SoCC it is stated that the technical documents will include PEI, and reference is made in part 5 to this being made available but no specific details are given as to how this is to be publicised and consulted upon. No details are given as to what the PEI will comprise.
>
>* In the draft SoCC you set out specific dates for consultation. You may wish to consider any implications should you not be able to, for whatever reason, comply with these dates.
>
>* You should refer to paragraph 29 of the IPC guidance note 1, which states: "The SOCC should provide sufficient detail of the project, referring to both positive benefits to the local community that would result from the development and to the issues which could be considered negative elements of the NSIP so as to encourage participation in the process. The scale of the proposal should be described.". The SoCC does not appear to set out any potential negative elements from the scheme.
>
>* >You should note that sections 37(4) and 50 of the Planning Act allow the IPC to publish guidance about applications for development consent orders and how to comply with pre-application procedures respectively and IPC Guidance Notes 1 and 2 have been published under these powers. Applicants must have regard to DCLG and IPC Guidance about pre-application procedure (s.50(3)). Under section 55 of the Act we may accept an application only if we conclude among other things that the applicant has complied with the pre-application procedures in Chapter 2 of Part 5 of the Act. In deciding whether or not to accept an application the IPC must have regard to the extent to which the applicant has had regard to the guidance issued under s.50 (s.55(4)(c)). Applicants must give reasons for each respect in which guidance given under s.37(4) has not been followed (s.55(3)(d)). >
>
>Given the very limited time available to review the documents, this is as comprehensive a check of the document on matters of process as we have been able to carry out.

FBA - Sue Balsom

Query regarding the requirement to consult under s42 regardless of EIA requirements.
There is a requirement to consult on the application under s42 whether the applicant decides to submit a screening request or supply notification that it proposes to provide an Environmental Statement (Regulation 6b of the EIA Regulations). However, as advised in my previous email, s42 consultation cannot be carried out until either a screening request or Reg 6 (b) has been received.

Scottish Power Energy Networks - Steven Edwards

Request to know whether the company, as a statutory consultee, had been missed from either Environmental Impact Assessment consultation or other formal consultation
Thank you for your email. Through the Infrastructure Planning (EIA) Regulations 2009 process the applicant is required to submit either a screening request to the IPC or provide a Regulation 6 notification before starting formal consultation with Statutory Consultees. The applicant has currently not provided either a screening request or a Regulation 6 notification to the IPC at this time. Our current understanding is that the promoter will probably not request a scoping opinion from the IPC.

If a Regulation 6 notification is received, the IPC will write to all Statutory Consultees notifying them that the applicant intends to provide an Environmental Statement for the project in accordance with Regulation 9 of the EIA Regulations. Unless a scoping opinion is requested from the IPC, the IPC will not consult on the scope of the ES with the statutory consultees.

I hope that this provides some clarity on your concern. If you have any further queries, please may I suggest that you raise these directly with the applicant. Contact details can be found below:

Clive Callister

tel. 0162464119

email: mail@reh_plc.com

SP Manweb - Steven Edwards

Enquirer is currently researching about the pre-application consultation process and asked:
Which section within the Act details the duty to publicise the proposed application and what is the minimum timeframe for consultation responses?
s48 of the Act states that an applicant must publicise the proposed application. The publication must include a deadline for the receipt of responses to the publicity (min 28 day time frame).

Forwarded links to secondary legislation and guidance which related to pre-application consultation.

FBA Group - Angharad Jones

Enquirer contacted the applicant, REH, some time ago but is still awaiting a response.
Advised that we have contacted REH who will be providing us with new contact details to be used to update our website. In the meantime, REH wish to contact you directly.

It is also worth while contacting your local authority, Powys County Council, if you have concerns about the adequacy of consultation.
Any residual concerns the local authority holds could be contained in an 'adequacy of consultation' representation submitted to the IPC. The Planning Act 2008 makes express provision for any representation made by a relevant local authority, which gives the view on how far the promoter complied with the requirements for pre-application consultation. The IPC must have regard to any such adequacy of consultation representation, before making a decision to accept or reject the application.

Gillian Foulkes

Confirmation about pre-application notification and processes
In addition to advice given in an earlier email, although you need to notify us before the start of formal consultation with statutory consultees that doesn't prevent any informal consultation or discussion with the statutory consultees before this point.

In terms of Environmental Impact Assessment regulations specifically regulation 10, this also covers your responsibility to consult on the Preliminary Environmental Information - not just publicity as mentioned in the previous email.

The IPC Guidance Note 2 was issued under both s.37(4) and s.50 of the Planning Act 2008, meaning it contains standards set by the Commission under s.37(5). Applicants have to comply with such standards (in line with s.55(3)(b)) and must give reasons for each respect in which guidance given under s.37(4) has not been followed (s.55(3)(d)). CLG has also issued guidance under s.50 in relation to pre-application stages to which applicants should have regard (see s.55(4)(c))

Renewable Energy Holdings - Clive Callister

Confirmation of requirements to notify the IPC before consultation starts, and for sharing of the draft Development Consent Order
Before consultation is started with statutory consultees, you will need to notify us of your intention to submit an environmental statement with your application (see regulation 6 of the Environmental Impact Assessment regulations. You should also note regulations 10 and 11 in terms of EIA publicity requirements.

Before the consultation in relation to section 42 of the 2008 Planning Act , you will also need to notify us in line with section 46 of the 2008 Planning Act with information that you will use in consulting those consultees set out in section 42 and as prescribed in supporting regulations

We have produced guidance and advice notes on preparing an application. Just as a reminder, guidance is something to which you must have regard (section 50 of the Planning Act), and to which the Commission must also have regard to when considering whether to accept an application for examination. Advice notes do not have the same status but are there to support the process. We can advise on the production of application documents (not their merits), and in particular the draft Development Consent Order. For your project plan purposes please note that we request to see this at least 6 weeks before the intended submission date

Renewable Energy Holdings - Clive Callister

Meeting to discuss the EIA aspects of the proposal and visit the site.
View meeting note:
[attachment 1]

Mynydd y Gwynt Ltd,REH,ADAS - Clive Callister

Meeting with the local authority and the applicant for a project update and to discuss timetable and process matters.
See meeting note

Renewable Energy Holdings - Clive Callister

Meeting held to clarify pre-application and application timescale in more detail.
See meeting note.

Renewable Energy Holdings - Clive Callister

Is REH (the promoter) correct in stating that the exhibitions and consultation undertaken before the Planning Act 2008 was implemented will count as the 1st round of public consultations under the present planning rules?
Thank you for your email. For clarity and openness I have copied Mr Callister into this e-mail. The advice I provide below about IPC processes will also be placed on our website register of advice.

In answer to your question, applicants are able to use earlier work to inform the scheme put forward at the start of consultation but if they wish any earlier consultation to formally 'count' towards the full consultation necessary under the new planning regime, they would need to comply with the transitional arrangements set out in the Regulations attached.

Following discussion with REH (see attached meeting note) it has taken the view that it needs to carry out full consultation in line with the Planning Act 2008, rather than apply through the transitional arrangements.

As Mr Callister acknowledges, REH is required to consult relevant Local Authorities about how it proposes to consult people living in the vicinity, to publish how it will consult the local community, to carry out consultation in the way it proposes, and to demonstrate how it has taken account of all relevant comments received during consultation.

It should be noted that before deciding whether or not to accept an application that has been submitted to the IPC, we will (amongst other matters) consider the extent to which the applicant has undertaken effective consultation based on the relevant Regulations and published guidance, any views received from the relevant local authorities on the adequacy of consultation and the consultation report prepared by REH. Their consultation report should set out any relevant responses received, and how REH has carried out its consultation, and has taken account of any relevant responses received during consultation.

**Included the following attachments within e-mail, of which are available on our website:
The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
Meeting Notes from 26th March 2010 with REH. **

G Foulkes

Caller enquired regarding the Mynydd y Gwynt wind farm proposal, which has an anticipated submission date of 1 September on the IPC website. The caller expressed concerns regarding the level of consultation that the applicant has undertaken given the proximity of the anticipated submission date.
As you are aware, the applicant of this proposal, Renewable Energy Holdings (REH) has notified the IPC of its intention to submit an application to us in September 2010.
In your letter you raise concerns about the lack of community consultation and the limited information publicly available. To reassure you on this matter, the information below describes the statutory procedures an applicant must undertake before submitting a Development Consent Order (DCO) to the IPC:
? Before any community consultation takes place the applicant must produce a Statement of Community Consultation (SoCC). This document outlines how the applicant plans to consult the community about the proposal. To ensure the applicant?s consultation is adequate, Powys Council will be asked to comment upon the contents of the SoCC. Once the SoCC has been finalised, taking into account Powys comments, it must be published in a newspaper circulating in the vicinity of the land and be complied with throughout the consultation stages;
? The applicant has a statutory duty to, under section 47 of the Planning Act 2008 (?the Act?) consult the local community and, under section 48 of the Act, publicise information about the application in locally and nationally circulated newspapers. Applicants will be required to provide evidence of this when submitting their application.
? In addition, under section 49 of the Act, promoters have a duty to take into account the responses made from the consultation and publicity exercises.
Importantly, should an applicant fail to comply with these duties the IPC may refuse to accept and examine the application. We have been in contact with REH and have advised upon their role and statutory duties at the pre-application stage.
Subject to obtaining your consent we would wish to forward your letter to REH giving them the opportunity to respond to you directly and provide further detail regarding any forthcoming consultation events.

G Foulkes

Meeting with REH (Clive Callister, Sir John Baker and William Little) to discuss potential submission of an application for development consent under transitional matters.
[attachment 1]

Renewable Energy Holdings - Clive Callister