The list below is a record of advice the Planning Inspectorate has provided in respect of the Planning Act 2008 process.
There is a statutory duty under section 51 of the Planning Act 2008 to record the advice that is given in relation to an application or a potential application and to make this publicly available. Advice we have provided is recorded below together with the name of the person or organisation who asked for the advice and the project it relates to. The privacy of any other personal information will be protected in accordance with our Information Charter which you should view before sending information to the Planning Inspectorate.
Note that after a project page has been created for a particular application, any advice provided that relates to it will also be published under the ‘s51 advice’ tab on the relevant project page.
Advice given between between 1 October 2009 and 14 April 2015 has been archived. View the archived advice.
Enquiry
The attached letter dated 8th September has appeared on the PINS website with a publication date of 13th November and a description of "Representation accepted by the Examining Authority in to the examination".
Can you please explain why the Examining Authority is accepting submissions:
1. from persons who have not registered an interest;
2. at a point in the examination when other interested parties cannot respond effectively to them?
What does "accepted in to the examination" mean please?
The letter refers to a 62 page report which, as far as I can tell, has not previously been mentioned during the examination. Are we to assume that the report is also "accepted in to the examination"? If so, how are we expected to absorb and respond to such material at this stage? We respectfully submit that, unless the report has been properly introduced at an earlier stage, it should be disregarded by the ExA. It is not "independent" as claimed in the letter - a disclaimer on page 4 says "This study has been commissioned by Tidal Lagoon Power Ltd (TLP) ..."
Advice given
Further to your query, there is provision under the Planning Act 2008 for the Examining Authority to accept written representations by parties other than interested parties under the Infrastructure Planning (Examination Procedure) Rules 2010, Rule 10(3) in to the examination.
There is an opportunity for all parties to comment on this submission at the next deadline.
As noted in your comment, the report is referenced in the representation but is not before the Examining Authority or interested parties. Should you have comments on this representation, the opportunity to put these to the Examining Authority will be by 25 November 2014.
I hope that this information is of assistance.
