Brechfa Forest West Wind Farm

Enquiry received via phone

Brechfa Forest West Wind Farm

29 June 2012
Carmarthenshire County Council - Richard Jones

Enquiry

CCC asked
- whether they could bring a noise expert along to the hearing on noise;
- whether there would be cross-examination of witnesses;
- by when they needed to submit additional evidence in relation to the section 106 agreement.

Advice given

PINS advised that the Examination Procedure Rules 2010 (rule 14(9)) allow Interested Parties to ask any other person to represent them at the hearing. It is therefore for CCC to decide who they want to be represented by at the hearing including whether or not to bring an expert on noise along.
The Examination Procedure Rules 2010 (rule 14(1) and (5)) provides that the Examining authority shall preside at any hearing and shall determine the procedure at the hearing hearings. Without prejudice to the Examining Authority's discretion as to the conduct of the hearing, these are usually held in an inquisitorial manner. In other words the Examining Authority asks the questions he considers necessary to ask in order to adequately examine all the issues he has identified. As indicated in Mr Macey's letter of 28 May, he intends to allow those at the hearings to comment on responses of other parties where in his view this is likely to add value. He may have to revise this approach if it appears not to be helping the conduct of the examination. As part of this he may also consider allowing cross examination if he thinks this necessary for the adequate testing of any representation; or to ensure that an interested party has a fair chance to put their case.
Concerning the additional evidence in relation to the section 106 agreement requested by the ExA at the transport & local access hearing it would be best if this could be submitted together with the summaries of cases presented at the hearings. However, should CCC find it impossible to achieve this, the it would be helpful if the requested evidence could be submitted by Friday COP or Monday lunchtime at the very latest. This would enable PINS to publish it on the web-site and send out to the public display locations together with the other material received for the 28 June deadline.