Brechfa Forest West Wind Farm

Enquiry received via email

Brechfa Forest West Wind Farm

08 December 2011
Swansea City Council - Richard Jones

Enquiry

Q1) As I understand it we can register with the IPC before 18th January 2012 to make representation at examination stage. This however isn?t strictly necessary as we will be consulted as a relevant authority
Q2) From the 18th January the IPC has 3 weeks to appoint a commissioner to determine the application then has a minimum of 3 weeks to set a date for the Preliminary Meeting.
Q3)This takes us to the end of February 2012 so the meeting is likely to be held sometime between mid March and the end of March.
Q4) We will be invited to attend the Preliminary meeting and this will set out the precise timescale for the submission of our LIR.
Q5) The 6 month examination period commences the day after the Preliminary meeting?
Q6) As a minimum we will have 28 days from this date to submit a LIR, however this maybe extended following any request for the same at the Preliminary Meeting due to Committee date issues arising in part from the general timing of Committee dates and the purdah period.
Q7) The Council has its last planned Committee on the 1st March 2012 and you have helpfully suggested that a draft or skeleton LIR be presented at that time to members to assist with any timing issues. Members can also be verbally updated at this time regarding the date of the Preliminary Meeting and the draft timetable for the examination process.

Advice given

Q1) Correct. Swansea City Council is an interested party in this application by virtue of sharing a boundary with Carmarthenshire County Council (where this application is located). While you therefore don't need to register during the relevant representation period to become an interested party, you may still wish to consider whether or not to submit a representation at this stage depending on whether or not there are aspects of the application that you agree or disagree with. If so, we would encourage you to send these to us during the relevant representation period (preferably using the on-line registration form), so that it can be taken into account by the Examining authority in undertaking the initial assessment of issues.
Q2) From the day after the 18th January the developer has 10 working days to certify to the IPC compliance with their duty under s56 of PA 2008. Once the IPC has received this certificate our chair, Sir Michael Pitt, can appoint the Examining authority (ExA) for the application (ie a single commissioner or panel of commissioners). The ExA has 21 days from the end of the relevant representation period (ie the 18th January in this case) to undertake its initial assessment of issues and to notify all interested parties of this. In the same letter we usually notify the interested parties of the date of the Preliminary Meeting. We have to give at least 21 days notice (from the day after the letter is received) of the Preliminary Meeting taking place.
Q3) According to my calculations the Preliminary Meeting could also be early March - if only the minimum notice of the Preliminary Meeting was given or the ExA did not require the full 21 days to undertake its initial assessment of issues and sent the letter slightly earlier than 21 days from the end of the relevant representation period. This letter will also contain the date for the Preliminary Meeting, a draft timetable for the examination which will also include a suggested date for the submission of the LIRs.
Q4) Yes - see also above.
Q5) No. The 6 month examination period commences on last day of the Preliminary meeting.
Q6) The ExA sets the timetable for the examination 'as soon as practicable' after the Preliminary Meeting. This includes the deadline for the submission of the LIRs. A draft timetable with the proposed deadline for the submission of the LIRs will also be included in the ExA's letter advising interested parties of its initial assessment of issues. The legislation does not specify a minimum amount of time that the ExA should allow for the submission of the LIR. However, CLG guidance for the examination of applications states at paragraph 61: "The Secretary of State considers that normally the local impact report should be received by the Examining authority within a six week period starting from the day following the end of the preliminary meeting (...)". In case you aren't already aware - CLG guidance for Local Authorities has a section on Local Impact Reports (section 10) and the IPC has published an advice note (Advice Note 1) on the production of LIRs which is available on our website: attachment 1
Q7) You will have received the ExA's initial assessment of issues, the date for the Preliminary Meeting and the draft timetable for the examination of the application by the 8 February. How you intend to handle the production of the LIR is up to your authority to decide. For further information please refer to CLG guidance for Local Authorities (section 10) and the above highlighted Advice Note.


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