Tidal Lagoon Swansea Bay
Query about making representations during acceptance
We note the statements in your email that "lack of access to these documents is hampering my ability to make representations to you about whether or not the application should be accepted for examination" and "you will frustrate my attempt to make meaningful representations to you before you take your acceptance decision".
We feel it would be helpful to provide some advice to you about the application acceptance process, and opportunities to make representations to the Planning Inspectorate about an application. This advice is provided under section 51 of the PA 2008, and as such will be published on our website.
The Secretary of State?s decision as to whether or not to accept an application for examination is based on the tests set out in section 55 of the PA 2008 and is, in summary, a decision about whether the application documents are of a satisfactory standard to proceed to examination, and whether the applicant?s pre-application consultation has complied with the statutory procedure.
During the acceptance period relevant local authorities have an opportunity to make representations about the adequacy of the applicant?s pre-application consultation, and any representations received help to inform the Secretary of State?s decision about whether or not to accept an application. Under the legislation, there is no provision for parties other than the relevant local authorities to make representations to the Planning Inspectorate during the acceptance period.
Issues related to the merits of the application can only be considered during the examination of an application. If an application is accepted for examination, the applicant is, amongst other things, required to publicise the acceptance for at least two consecutive weeks in a local newspaper. A period for the making of
?relevant representations? is also opened via the Planning Inspectorate?s website. If you are interested in the progress of this application, and it is accepted for examination, we would strongly encourage you to register to become an interested party in the examination by making a relevant representation during the advertised period, which must run for at least 28 days.
Becoming an interested party will enable you to participate in the examination and submit written representations to the Examining Authority when appointed. It will also allow you to participate in hearings should they be held. The Planning Inspectorate has produced the Advice Note Eight series which explains the process under the PA 2008, and how you can become involved. It can be viewed at: attachment 1