South Hook Combined Heat & Power Station
Advice given to South Hook CHP in regards of Adequacy of Consultation and the length of the examination.
Cyngor a roddwyd
Adequacy of Consultation
You refer to an 'Adequacy of Consultation' document bundle that was submitted as part of the North Killingholme. I have looked at the application documents that were submitted, however, have not seen an "Adequacy of Consultation" document. I can only think that you are referring to the 'Adequacy of Consultation' responses that the Planning Inspectorate (Pins) have received back from the relevant local authorities with regard to the North Killingholme application.
When deciding whether or not to accept an application for examination under s55 of the Planning Act, Pins, must, amongst other matters, have regard to any representations received from any local authority consultees about the adequacy of the consultation and publicity undertaken by the developer at the pre-application stage under s42, 47 and 48 of the Planning Act. We request these statements in writing and given the short 28 day timescale allowed for the acceptance stage the Planning Inspectorate will usually set a 14 day deadline to receive the requested adequacy statements. Please refer to Pins Advice Note 14 for further information.
Your ask for clarification on what triggers the start and end of the examination period.
May I refer you to s98(1) of the Planning Act which states that 'the Examining authority is under a duty to complete the Examining authority?s examination of the application by the end of the period of 6 months beginning with the day after the start day.'
The examination starts on the day the Preliminary Meeting is held. However, the six month examination period to complete the examination begins on the day after the final day of the Preliminary Meeting. The Ex authority then has (in principle at least) until the end of the last day of the 6 month period to complete the examination.
Under Regulation 8 of the Infrastructure Planning (Fees) Regulations 2010, following the Preliminary Meeting, Pins must , as soon as reasonably practicable, give the applicant notice in writing of the number of estimated relevant days the examination will last; whether the examination will be handled by a single Examining Inspector or a Panel and the fee for the initial payment in respect of handling the application.
This is in conjunction with the Rule 8 letter in which the Examining authority sets the timetable for the examination of the application. Please note that under Rule 8 (3) the Examining authority subsequently may vary the timetable, and as soon as practicable, notify all interested parties and those invited to the Preliminary meeting of the variation