Tidal Lagoon Swansea Bay
Mr Rayner raised several points for consideration prior to the Preliminary Meeting on 10 June 2014.
Some of the points have at his suggestion been replied to under this S51 advice. However the full content of his submission is published.
This submission, along with others that have been received by the Planning Inspectorate during this period have been published on the Tidal Lagoon Swansea Bay project page.
You raise a number of queries in your submission and I agree that a some may fall under s51 advice which can be provided by the case team rather than being considered as part of the examination. Therefore, I have aimed, where I can, to address some of your queries. Your queries will however remain part of the examination and before the Examining Authority (ExA) should they wish to respond further.
Local Issues Statements
As you note in your email, the ExA did invite Cornwall Council to the preliminary meeting, they have since declined. There is no requirement for the ExA to request Local Issue Statement and on this case, the ExA have chosen not to do so. As a result of this, I am unable to answer question number four of your email in relation to weight given to LISs as this is not relevant to the examination.
I note your point in relation to the s46 notification identifying the project as having a nominal capacity of 240MW and the Scoping Opinion indicating a capacity of 250-350MW. The s46 notification is a snapshot in time and project can vary to some degree between the notification provided under s46 and submission. It will be for the examination to ensure that the Development Consent Order is drafted in a way reflect the permission sought.
Additional Statements of Common Ground (SoCG)
In relation to your request for the ExA to seek SoCGs from the European Commission and DEFRA, this is matter that I am unable to advise on, however your submission is before the ExA for their consideration.
Use of Section 106 (s174) Agreements
I can confirm your understanding that s106 agreements are to be negotiated outside the examination is correct. There is no requirement for a deadline for the submission of signed s106 agreements to be present in the timetable. Should the ExA become aware through the examination of the presence of s106 agreements, the submission of these can be scheduled. It is not the role of the ExA to prompt s106 agreements to be sought.