Tidal Lagoon Swansea Bay
Query regarding the ?other person? status.
Cyngor a roddwyd
Following the close of the registration period on 11 April 2014 at 11:59 pm, we at the Planning Inspectorate were no longer able to register persons as ?interested parties? for the purpose of the application. There are no statutory powers to enable us to extend the deadline.
However, we always keep late submissions and requests on file and make the names of those who made them available to the Examining Authority (ExA) who, when appointed, are able to exercise a discretion to consider views and evidence from those who did not register a relevant representation on time. This does not mean that such persons will be regarded as ?interested parties? for the purpose of the examination. Under Section 88(3) of the Planning Act 2008 and Rule 6(1) of The Infrastructure Planning (Examination Procedure) Rules 2010 (EPR) the ExA can invite such persons and any other persons they consider it to be appropriate to invite, to the preliminary meeting. Any person who is invited to the preliminary meeting in this way will also be sent, for information purposes, the Rule 8 letter, confirming the examination timetable, and any amendments to the timetable under Rule 8(3) of the EPR 2010.
There is no automatic right for other persons to make representations during the course of the examination, as they do not have the status of interested parties. If, however, they wish to make representations then they can submit written representations to the ExA to meet the deadlines set out in the Rule 8 letter or request an opportunity to speak at a hearing. Under the EPR 2010 the ExA have a discretion to allow such representations, either written or oral, to be made as part of the examination.
Also, any person, whether they have been invited to the preliminary meeting or not, may make a request to become an interested party if they meet the criteria in s102A of the 2008 Act.