A428 Black Cat to Caxton Gibbet Road Improvement scheme

This page sets out the timetable for the examination of the application. It includes the deadlines for submissions to be made to the Planning Inspectorate and the dates of events taking place during the Examination. The Examination Timetable is also set out in an annex to the Rule 8 letter that was sent to Interested Parties at the start of the Examination.

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Event Date	Description
03 August 2021	Procedural Deadline A - Attend Preliminary Meeting Part 1 - Attend Issue Specific Hearing - Attend Open Floor Hearing (am) - Attend Open Floor Hearing (pm) - Request Compulsory Acquisition Hearing - Nomination of sites for Accompanied Site Inspection
16 August 2021	Procedural Deadline B - Attend Preliminary Meeting Part 2 - Written Submissions
18 August 2021	Examination Begins
18 August 2021	Issue Specific Hearing (ISH1) ISH1 into Early Clarification on Strategic Matters
18 August 2021	Open Floor Hearing (OFH1) For any Interested Parties to make representations on the merits of the Proposed Development.
20 August 2021	Publication by the ExA 1 Publication of: • Examination Timetable • ExA’s First Written Questions (WQ1)
31 August 2021	Deadline 1 (D1) Deadline for the receipt by the ExA of: - Post-Hearing submissions including written submissions of oral case as requested by ExA - Responses to Relevant Representations (RRs) - Written Representations (WRs), including summaries of all WRs exceeding 1500 words - Responses to the ExA’s WQ1 - Applicant’s proposed itinerary for the ASI - Applicant’s Compulsory Acquisition (CA) Schedule - Statements of Common Ground - Applicant’s Statement of Commonality - Notification by the Applicant of intent to make any non-material or material changes - Updated Guide to the Application - Updated draft Development Consent Order (dDCO) - Updated Explanatory Memorandum - Updated Schedule of Changes to dDCO - Any other information requested by the ExA View the documents received relating to this deadline
31 August 2021	Procedural Decision C Deadline for receipt by the ExA of: - Notification by Statutory Parties of their wish to be considered as an Interested Party by the ExA - Notification of wish to participate in Compulsory Acquisition Hearing in September with brief summary of issues intended to raise - Notification of wish to participate in Issue Specific Hearings in September with brief summary of issues intended to raise - Notification of wish to attend ASI in September View the documents received relating to this deadline
08 September 2021	Deadline 2 (D2) Deadline for the receipt by the ExA of: - Local Impact Reports (LIR) from relevant Local Authorities - Any other information requested by the ExA
21 September 2021	Accompanied Site Inspection (ASI1) ASI1
22 September 2021	Compulsory Acquisition Hearing (CAH1) CAH1
23 September 2021	Issue Specific Hearing (ISH2) ISH2 into Highway matters including the dDCO
24 September 2021	Issue Specific Hearing (ISH3) ISH3 into Social, Economic and Environmental matters including the dDCO
05 October 2021	Deadline 3 (D3) Deadline for the receipt by the ExA of: - Post-Hearing submissions including written submissions of oral case as requested by ExA - Comments on responses to RRs - Comments on WRs - Comments on responses to the ExA’s WQ1 - Comments on the LIRs - Comments on Applicant’s CA Schedule - Comments on Statements of Common Ground and Statement of Commonality - Comments on Applicant's updated dDCO, Explanatory Memorandum and Schedule of changes to dDCO - Comments on any other information and submissions received by D1 and D2 - Requests for further Compulsory Acquisition Hearing and Open Floor Hearing - Nomination for additional sites for Accompanied Site Inspection - Any other information requested by the ExA
15 October 2021	Publication by the ExA 2 Publication by the ExA of: • Second Written Questions (WQ2)
04 November 2021	Deadline 4 (D4) Deadline for the receipt by the ExA of: - Responses to the ExA’s WQ2 - Comments on any other information and submissions received at D3 - Updated Statements of Common Ground - Applicant’s updated Statement of Commonality - Applicant’s updated dDCO - Applicant’s updated Explanatory Memorandum - Applicant’s updated schedule of changes to dDCO - Applicant’s updated CA Schedule - Any other information requested by the ExA
16 November 2021	Deadline 5 (D5) Deadline for the receipt by the ExA of: - Comments on responses to the ExA’s WQ2 (if WQ2 is issued) - Comments on updated Statements of Common Ground and Statement of Commonality - Comments on Applicant’s updated dDCO, Explanatory Memorandum and Schedule of changes to the dDCO - Comments on Applicant’s updated CA Schedule - Comments on any other information and submissions received at D4 - Any other information requested by the ExA
16 November 2021	Procedural Deadline D Deadline for receipt by the ExA of: - Notification of wish to participate in Open Floor Hearing w/c 29 November with brief summary of issues intended to raise - Notification of wish to participate in Compulsory Acquisition Hearing w/c 29 November with brief summary of issues intended to raise (only if Hearing notification is issued) - Notification of wish to participate in Issue Specific Hearings w/c 29 November with brief summary of issues intended to raise (only if Hearing notification is issued) - Notification of wish to attend ASI w/c 29 November (only if ASI notification is issued)
30 November 2021	Issue Specific Hearing (ISH4) ISH4 into Social, Economic and Environmental matters
01 December 2021	Issue Specific Hearing (ISH5) ISH5 into Highways matters
02 December 2021	Compulsory Acquisition Hearing (CAH2) CAH2
02 December 2021	Issue Specific Hearing (ISH6) ISH6 into matters relating to the draft Development Consent Order
14 December 2021	Deadline 6 (D6) Deadline for the receipt by the ExA of: - Post-Hearing submissions including written submissions of oral case as requested by ExA (relevant only if the Hearings are held) - Comments on any other information and submissions received at D5 - Updated Statements of Common Ground - Applicant’s updated Statement of Commonality - Applicant’s updated dDCO - Applicant’s updated Explanatory Memorandum - Applicant’s updated schedule of changes to dDCO - Applicant’s updated CA Schedule - Any other information requested by the ExA View the documents received relating to this deadline
17 December 2021	Publication by the ExA 3 Publication of: • The Report on Implications for European Sites (RIES) (if required)
22 December 2021	Publication by the ExA 4 Publication of: • Third Written Questions (WQ3) (if required)
06 January 2022	Deadline 7 (D7) Deadline for the receipt by the ExA of: - Responses from relevant parties to the further information requested by the ExA View the documents received relating to this deadline
14 January 2022	Deadline 8 (D8) Deadline for the receipt by the ExA of: - Responses to the ExA’s WQ3 (if WQ3 is issued) - Comments on the RIES (if RIES is published) - Comments on updated Statements of Common Ground and Statement of Commonality - Comments on Applicant’s updated dDCO, Explanatory Memorandum and Schedule of changes to the dDCO - Comments on Applicant’s updated CA Schedule - Comments on any other information and submissions received at D6 - Any other information requested by the ExA View the documents received relating to this deadline
14 January 2022	Publication by the ExA 5 Publication of: • The ExA’s proposed schedule of changes to the dDCO
25 January 2022	Deadline 9 (D9) Deadline for the receipt by the ExA of: - Comments on responses to ExA’s WQ3 - Comments on the ExA’s proposed schedule of changes to the dDCO - Comments on any other information and submissions received at D8 - Any other information requested by the ExA View the documents received relating to this deadline
15 February 2022	Deadline 10 (D10) Deadline for the receipt by the ExA of: - Comments on any other information and submissions received at D9 Final Updates from the Applicant - Final Statements of Common Ground - Final Statement of Commonality - Final Guide to the Application - Final dDCO in the Statutory Instrument (SI) template with the SI template validation report - Final Explanatory Memorandum - Final Schedule of changes to dDCO - Final CA Schedule - Final updated Book of Reference - Any other information requested by the ExA View the documents received relating to this deadline
18 February 2022	End of Examination The ExA is under a duty to complete the Examination of the application by the end of the period of six months beginning with the day after the close of the Preliminary Meeting
18 February 2022	Examination closed

Examination Stage – FAQs

What is the Examination?
- An Examining Authority examines the key issues arising from an application for a Development Consent Order. The Examining Authority is a single Inspector or panel of up to five Inspectors, appointed by the Secretary of State.
- The Examining Authority considers representations made in writing by the Applicant and other Interested Parties, and will generally ask written questions in order to clarify points raised and to obtain further evidence. In some circumstances hearings may be held at which the Applicant and other Interested parties may speak. Once the Examination has ended, the Examining Authority writes a report setting out its conclusions and recommendations in respect of the application. The Recommendation Report is then sent to the relevant Secretary of State. It is the relevant Secretary of State who then takes the decision about whether or not to grant development consent.
How is the Examination conducted?
- The examination of an application begins on the last day of the Preliminary Meeting and has to be completed within six months. The Examination is a principally written process, based upon the Relevant Representations and Written Representations submitted by Interested Parties, and the written responses to questions asked by the Examining Authority.
- As written submissions are the principal means of giving evidence to an Examining Authority, it is essential that you make any points that you wish to make in writing before the deadlines set by the Examining Authority in the Examination Timetable.
- It is also important to understand that what you say at any hearings that are held should be based on a representation you have previously made in writing.
How can Interested Parties provide more detailed Written Representations?
- Everyone who has registered as an Interested Party by making a Relevant Representation in relation to an application is given the opportunity to provide a more detailed Written Representation. Written Representations should be supported by relevant evidence and be provided by the deadline set out in the Examination Timetable. This can be done by emailing the project email address which is available on the project page on the National Infrastructure Planning website. You can also post your Written Representations to: National Infrastructure Planning, Temple Quay House, Temple Quay, Bristol BS1 6PN.
- Please mark your submission clearly with the name of the application your Written Representation relates to and your unique reference number, which will have been provided to you in the letter notifying you of the Preliminary Meeting. If you no longer have this letter, please contact our Helpdesk on 0303 444 5000 before submitting your representation.
- Please ensure that you post or email your Written Representation in good time for us to receive it by the specified deadline in the Examination Timetable. Please remember that the purpose of Written Representations is to provide the Examining Authority with submissions (and supporting evidence) regarding issues which are important and relevant to the consideration of the application. You may provide as much or as little detail as you wish in your Written Representation, but a representation is more likely to carry weight with the Examining Authority if it is specific and supported by evidence.
- You can also comment on the Written Representations made by other Interested Parties within the timescale set out in the Examination Timetable. You can do this by post or email. In either case you should make sure that you include: (i) the name of the application to which the representation relates; (ii) your unique reference number; and (iii) the reference number for the Written Representation you are commenting on. The Planning Inspectorate will give each Written Representation received (and all other Examination Documents) a unique reference number. These reference numbers are provided in an Examination Library which is produced for every application and made available under the Documents tab on the relevant project webpage.
- We are required by law to make copies of representations (and comments on representations) available for public inspection. This is achieved by publishing all representations and comments to our website. If you submit a representation or comment, details published on our website will be restricted to your name and the text/ graphical content of your representation. We will remove any personal information about third parties if we think they have not given their consent to including their personal information in the representation. Please read our Privacy Notice which explains how we will store and use your data.
- Anything you have already said in your earlier Relevant Representation, made at the point of registration with the Planning Inspectorate, will be read by the Examining Authority. Therefore, there is no need to produce a further Written Representation during the Examination if you consider that your earlier Relevant Representation included all the detail you wish to provide.
- Please note that the Examining Authority may disregard representations which it considers are vexatious or frivolous, or those which deal with the merits of matters of national policy contained in National Policy Statements (NPSs). Designated NPSs have already been the subject of consultation and parliamentary approval and it is not the role of the Examination to debate the merits of national policy.
Can I provide a Written Representation even if I did not submit a valid Relevant Representation?
- You may write to the Planning Inspectorate, but if you have not registered as an Interested Party by making a Relevant Representation there is no guarantee that your comments will be taken into account. Whilst the Examining Authority does have discretion to accept Written Representations from people who have not submitted a valid Relevant Representation, this should not be relied upon because people who are not Interested Parties have no legal entitlement to participate.
- If you have not registered as an Interested Party, you can also consider grouping together with an individual or organisation which has already registered and become an Interested Party, where they have similar views to your own, so that they can express your views on your behalf.
- If you choose to do this, you may also wish to ask this individual or organisation to keep you informed regarding the progress of the application as the Examining Authority only writes directly to Interested Parties in this respect.
What are the different types of hearings?
- Issue Specific Hearings: These hearings are held only if the Examining Authority considers they are necessary to ensure adequate examination of an issue or that they are necessary for an Interested Party to have a fair chance to put forward their case. At an Issue Specific Hearing, any Interested Party can make representations about the specific issue being considered.
- Open Floor Hearings: These can be requested by anyone who has registered as an Interested Party by making a Relevant Representation, or by other Interested Parties (ie persons with a legal interest in affected land and statutory bodies). Requests must be made by the deadline which is set by the Examining Authority in the Examination Timetable. At the hearing, anyone who is an Interested Party can give oral evidence based on their Relevant Representation or Written Representation.
- Compulsory Acquisition Hearings: These take place at the request of anyone who has a legal interest in land affected by the Proposed Development. Only these ‘Affected Persons’ and the Applicant have the right to request and be heard at a Compulsory Acquisition Hearing.
- At any hearings, the Examining Authority will manage the proceedings and may set a time limit for contributions to ensure fairness to all participants.
Who can attend hearings?
- Anyone who is an Interested Party in relation to an application will be informed in writing by the Planning Inspectorate of the times, dates, and locations of hearings. The details are also published on the relevant project page on the National Infrastructure Planning website.
- Meetings are held in public but to ensure that we can plan for this properly we ask that everyone who wants to attend a particular hearing tells us in advance by contacting the Case Team for the project. If the venue has limited capacity, the Planning Inspectorate may need to offer Interested Parties a seat ahead of other members of the general public.
Can I speak at any hearings?
- Any Interested Party may speak at an Open Floor Hearing or Issue Specific Hearing, subject to the Examining Authority’s control over the conduct of the hearing. Any party wishing to speak who has not previously advised the Planning Inspectorate in writing of their wish to do so should inform a member of Inspectorate’s staff as soon as they arrive at the hearing. The Examining Authority will confirm whether or not this request can be granted at the beginning of the hearing or as relevant matters are explored.
- Only the Applicant and ‘Affected Persons’ (persons with a legal interest in land affected by the Proposed Development) are entitled to make oral representations at a Compulsory Acquisition Hearing.
What is the Local Impact Report?
- Local Impact Reports (LIR) are reports produced by local authorities within which a Proposed Development is located; or by any local authority that shares a boundary with a host local authority. The Examining Authority must have regard to the LIR(s) when making its recommendation to the relevant Secretary of State, and the Secretary of State must have regard to the LIR(s) in taking its decision about the application.
- Joint LIRs can be produced by two or more local authorities, for example where there are both county and district councils for the area affected by a Proposed Development. LIRs sets out what the local authority(ies) consider to be the impact of a Proposed Development on their local area(s). The Examining Authority will include a deadline for receiving the LIR in the Examination Timetable.
How can I comment on the local Impact Report?
- Once an LIR is received, it will be published on the relevant project page on the National Infrastructure Planning website. Interested Parties can comment on the LIR and the deadline for this will be published in the Examination Timetable. Once the deadline has passed, all comments made on the LIR by the deadline will be published on the relevant project page on the National Infrastructure Planning website.

Advice Note 8.5 provides more information about the Examination