Rookery South Energy from Waste Generating Station

Enquiry received via email

Rookery South Energy from Waste Generating Station

28 April 2011
for WRG and Anti Waste Ltd - Alison Ogley


As you know, we are instructed to attend the compulsory purchase hearing on behalf of our clients, Waste Recycling Group and Anti Waste Limited.
Following receipt of your email I have taken another look at the CLG Guidance for examination of applications for development consent paragraphs 99-111 as you have suggested but it doesn't seem to answer all of my outstanding queries and I wonder if you could help?
I understand the general position is that hearings will normally be conducted by way of the Commissioners taking an inquisitorial approach ? a process which seems to be similar to the Examination in Public of Strategic Plans and/or the informal hearing mode of appeal for planning appeals. Having seen the ExA's second round of written questions it is reassuring to note that the Applicant has been asked to respond further on what we consider to be the key issues relating to the compulsory purchase order and whether or not it should be made.
However, it would be helpful to have some further guidance as to how the CPO hearing might be conducted, in particular is it intended to take the form of a structured debate with the Commissioners leading discussions via pre-set questions or is it anticipated to be a more presentational format?
If the latter, could further information be provided on the following: i) the order in which different parties will make their representations ii) time estimates and time to be allowed for each party to make their submissions iii) who will be permitted to speak and iv) whether or not direct cross examination is anticipated or will questions be taken by the Commissioners?

Advice given

Affected persons have until 6th June to notify the Examining Authority of their wish to be heard at a Compulsory Acquisition hearing. Immediately following this deadline, it is intended that guidance will be issued to the parties on how the Examining Authority intend to run the hearing, including the matters raised in your email.