M3 Junction 9 Improvement

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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