On further reading of BDB’s letter to PINS regarding the sale of Manston to RSP they seem to be inferring RSP will be dealing with the Secretary of State directly. Could you tell me if that is a correct understanding of the situation and is this acceptable as part of an on going DCO application.
The Planning Inspectorate cannot control whether an applicant, or any other Interested Party, decides to submit evidence to the Secretary of State after the close of an Examination. I would emphasise however that an Examining Authority’s Recommendation Report can only be based on the evidence submitted before the close of an Examination. Any evidence received by the Inspectorate in the period after the close of an Examination and before a Recommendation Report is submitted to the Secretary of State (during the three-month ‘Recommendation stage’) is collated and submitted to the Secretary of State at the same time as the Report. It is for the Secretary of State to decide how to handle this evidence in the course of the three-month ‘Decision stage’. Similarly, any evidence sent directly to the Secretary of State during either the ‘Recommendation stage’ or the ‘Decision stage’ is for the Secretary of State to decide how to handle.