Rookery South Energy from Waste Generating Station
The following advice follows a telephone conversation with DLA Piper in regard to the provision of additional information following acceptance by the Commission of an application for development consent.
The IPC have had the opportunity to consider the situation where an applicant intends to provide supplementary information following the Commission's acceptance of an application for development consent.
Our advice is that it is important that the s56 notice should publicise the application as accepted. If you wish to provide additional information to any party, then we suggest this should be done via a separate letter and not within the s56 notice. We suggest the letter should make it clear that the additional information is provided merely to give advance warning of the content which will be put forward subsequently to the Commission during the examination. Interested parties will have an opportunity to make detailed representations to the Commission on any additional information that is provided by the applicant during the examination stage.
It is for an applicant to determine whether it would be helpful at pre-examination stage to inform statutory consultees or others of a desire to supply additional environmental information to the Commission during the course of the examination of the application.
We consider that the IPC has no power during the pre-examination stage to substitute information forming part of the application and its supporting documents; we are limited to providing s51 advice at this stage. For this reason we will not upload any supplementary or substituted environmental information as part of the ES onto our website during the pre-examination stage.
We would also suggest that it is important for any applicant to satisfy itself whether the information to be supplied as part of the ES during the examination falls within the definition of 'any other information' in the IP (EIA) Regulations 2009.