Richborough Connection Project

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
08 June 2016	Examination Begins
21 June 2016	Deadline 1 Deadline for receipt of: • Notification of wish by an Interested Party to be heard at an Open Floor Hearing (OFH) • Notification of wish to make oral representations at the Issue Specific Hearing (ISH) on the draft Development Consent Order (DCO), and the ISH on Broad Oak reservoir proposal, to be held on 28 and 29 July 2016 • Submission of suggested locations/sites for the Panel to include as part of its Unaccompanied Site Inspections (USIs) and for the Accompanied Site Inspection (ASI), including the issues to be observed there, information on whether the site can be accessed on public land and reasoning for each nominated site • Notification by an Interested Party of its wish to attend the ExA’s ASI • Applicant’s updated HRA matrices to inform the Report on the Implications for European Sites (RIES) Notification from Statutory Parties, or a local authority without direct responsibility in the proposed development area, of a wish to be considered an Interested Party View the documents received relating to this deadline
29 June 2016	Notification by the ExA (1) Issue by the ExA of: • Notification of the date, time and place of the ASI to be held on 25 and 26 July 2016 • Notification of date, time and place of the OFHs to be held on 27 July 2016 • Notification of the date, time and place of the first DCO ISH to be held on 28 July 2016 • Notification of the date, time and place of the ISH on the effect of the Broad Oak reservoir proposal to be held on 29 July 2016
14 July 2016	Deadline 2 Deadline for receipt of: • Comments on Relevant Representations (RRs) including summaries of any RR over 1500 words • Written Representations (WRs) by all Interested Parties including summaries of all WRs exceeding 1500 words • Local Impact Report (LIR) from local authorities • Submission by the Applicant of the Schedule requested by the ExA bringing together all mitigation needs (see Annex B of Rule 8 letter) • Responses to ExA’s first written questions • Revised draft DCO from the Applicant and any draft agreements • Statements of Common Ground requested by ExA • Additional photomontages by the Applicant (see Annex B of Rule 8 letter) • Submission of the schedule requested by the ExA in relation to Crown Land and interests including how the Applicant intends to comply with section 135 PA2008 • Submission of the schedule requested by the ExA in relation to statutory undertakers’ land and special category land and extinguishment of rights and removal of apparatus of statutory undertakers etc. including how the Applicant intends to satisfy sections 127, 132 and 138 PA2008 • Comments on the information submitted by the Applicant dated 12 and 15 April 2016 Any other updated documents from Interested Parties (including corrections and omissions from the Applicant) • Any other information requested by the ExA under Rule 17 of the Infrastructure Planning (Examination Procedure) Rules 2010 (the Exam Rules) View the documents received relating to this deadline
25 July 2016	Accompanied Site Inspection Day 1 Dates reserved for ASI
26 July 2016	Accompanied Site Inspection Day 2 Dates reserved for ASI
27 July 2016	Open Floor Hearing OFHs (if requested) which will potentially include an evening session
28 July 2016	First ISH on DCO ISH on the DCO including Schedule 9 deemed Marine Licence and any other agreements
29 July 2016	ISH on the effect on Broad Oak Reservoir ISH on the effect of the Broad Oak reservoir proposal on the Application
04 August 2016	Deadline 3 Deadline for receipt by the ExA of: • Comments on WRs • Responses to comments on RRs • Comments on Local Impact Reports • Comments on responses to ExA’s first written questions • Comments on Applicant’s updated HRA matrices to inform the RIES • Updates to Statements of Common Ground requested by ExA • Comments on any submissions in relation to Crown Land and interests and compliance with section 135 PA2008 submitted for Deadline 2 • Comments on any submission in relation to statutory undertakers’ land and special category land and extinguishment of rights and removal of apparatus of statutory undertakers etc • Comments on any other updated documents from Interested Parties (including corrections and omissions from the Applicant) submitted for Deadline 2 • Submission of post hearing documents including written summaries of the cases put orally at the OFHs held on Wednesday 27 July 2016, ISH on the DCO and ISH on the effect of the Broad Oak reservoir proposal on the application • Notification by an affected person of wish for a Compulsory Acquisition Hearing to be held • Any other information requested by the ExA under Rule 17 of the Exam Rules • Additional photomontages by the Applicant (see Annex B of Rule 8 letter) View the documents received relating to this deadline
19 August 2016	Notification by the ExA (2) Issue by the ExA of: • Notification of the date, time and place of the ISHs to be held on 27 to 30 September 2016 and 18 October 2016 (if required) • Notification of the date, time and place of the Compulsory Acquisition Hearings (including statutory undertaker and special category land) to be held on 19 to 20 October 2016 • Notification of the date, time and place of any further ASI to be held on 18 October 2016 (if required) Publication by the ExA of: • Second round of written questions
08 September 2016	Deadline 4 Deadline for receipt of: • Responses to ExA’s second written questions • The Applicant’s revised draft DCO • Any written confirmation required from the Crown in relation to section 135 PA2008 providing documentary confirmation that no interests are engaged and/or the Crown authority consents • Updated report on status of negotiations with affected persons in respect of compulsory acquisition for each plot and whether the objection has been withdrawn • Notification of wish to make oral representations at the ISHs to be held on 27 to 30 September 2016 and 18 October 2016 (if required) • Any other information requested by the ExA under Rule 17 of the Exam Rules View the documents received relating to this deadline
27 September 2016	Second ISH on the DCO ISH on the DCO including Schedule 9 deemed Marine Licence and any other agreements
28 September 2016	Second ISH on the effect on Broad Oak Reservoir ISH on the effect of the Application on the Broad Oak reservoir proposal
29 September 2016	ISH on construction effects ISH on construction effects including effects on agricultural practices
30 September 2016	ISH on landscape, visual and biodiversity ISH on landscape, visual and biodiversity effects including alternatives
07 October 2016	Deadline 5 Deadline for receipt of: • Comments on responses to ExA’s second written questions • Submission of post hearing documents including written summaries of the cases put orally at the hearings held on Tuesday 27 September to Friday 30 September 2016 • Applicant’s submission of how any changes to the design of the proposed development and/or the mitigation measures have (or have not) affected the HRA conclusions • Any other information requested by the ExA under Rule 17 of the Exam Rules View the documents received relating to this deadline
11 October 2016	Notification by the ExA (3) Issue by the ExA of: • Notification of the date, time and place of the ISHs to be held on 9 to 10 November 2016 (if required) • Notification of date, time and place of the OFH to be held on 9 to 10 November 2016 (if required) • Notification of the date, time and place of the Compulsory Acquisition Hearings (including statutory undertaker and special category land) to be held on 9 to 10 November 2016 (if required) • Notification of the date, time and place of any further ASI to be held on 9 to 10 November 2016 (if required)
19 October 2016	CAH Day 1 Compulsory Acquisition Hearings
20 October 2016	CAH Day 2 Compulsory Acquisition Hearings
26 October 2016	Deadline 6 Deadline for receipt of: • Submission of post hearing documents including written summaries of the cases put orally at the hearings held on Tuesday 18 October to Thursday 20 October 2016 • Notification of wish to make oral representations at the ISHs to be held on 9 to 10 November (if required) • Comments on the Applicant’s submission of how any changes to the design of the proposed development and/or the mitigation measures have (or have not) affected the HRA conclusions • Any other information requested by the ExA under Rule 17 of the Exam Rules View the documents received relating to this deadline
02 November 2016	Notification by the ExA (4) Issue by the ExA of: • Any requests for further information by the ExA including request for comment on the published documentation (if required) Publication by the ExA of: • The Report on the Implications for European Sites (RIES)
09 November 2016	Third ISH on the draft DCO and other matters ISH on the draft DCO including Schedule 9 deemed Marine Licence and any other agreements
10 November 2016	Day 2 of third ISH on the draft DCO and other matters (if required) Second day of the third ISH on the draft DCO including Schedule 9 deemed Marine Licence and any other agreements(if required)
16 November 2016	Deadline 7 Deadline for receipt of: • Submission of post hearing documents including written summaries of the cases put orally at the hearings held on Wednesday 9 November to Thursday 10 November 2016 should these hearings be considered necessary • Applicant’s updated draft DCO in the final form the Applicant wishes it to be made • Applicant’s Embedded Environmental Measures Schedule in its final form • Any other information requested by the ExA under Item 19 View the documents received relating to this deadline
24 November 2016	Deadline 8 Deadline for receipt of: • Comments on the RIES • Comments on the Applicant’s updated draft DCO • Comments on the Applicant’s Embedded Environmental Measures Schedule • Any final written submission by any Interested Party or Statutory Party View the documents received relating to this deadline
29 November 2016	Notification by the ExA (5) Issue by the ExA of: • Examination timetable variation • Request for further information
06 December 2016	Deadline 9 Deadline for receipt of: • Information requested by the ExA under Rule 17 of the Examination Procedure Rules, as set out in its letter dated 29 November 2016 View the documents received relating to this deadline
08 December 2016	The ExA is under a duty to complete the examination of the application by the end of the period of 6 months beginning with the day after the close of the Preliminary Meeting.
08 December 2016	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