Wrexham Energy Centre

Enquiry received via email

Wrexham Energy Centre

16 August 2013
Kevin Braithwaite


Enquiry regarding Wrexham Energy Centre project and concerns in relation to s53, pre-application consultation and the principles of the project.

Advice given

Thank you for your emails received 2 & 5 August 2013 and for your patience in awaiting reply.
Firstly, may I apologise for not responding separately to your email dated 17 July 2013 (2:14pm) this was an oversight on our part. However the points you raised were addressed in my reply sent on 18 July 2013 (2:51 PM).
In that reply, I advised that you may find it useful to look at the relevant National Policy Statements which set out the government?s objectives for the development of nationally significant infrastructure projects. You may also find it useful to visit the applicant?s project website available from the link below:
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We understand that Local Dialogue are currently working on behalf of the Wrexham Power Limited on the stakeholder and community consultation. I would suggest contacting them directly in order to make them aware of your concerns and/or to find out more detailed information about the project itself.
Local Dialogue?s contact details
Email: [email protected]
Tel: 0800 319 6185
Wrexham Power Limited
Local Dialogue LLP
With regards to your comments regarding s53, please note that The Department for Communities and Local Government has been undertaking a 'light touch' review of the suite of guidance documents for the major infrastructure planning regime.  Details of the consultation can be found here:
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Moreover, the purpose of the advice notes is to inform all developers, consultees, the public and others about a range of process matters in relation to the Planning Act 2008 process (as amended by the Localism Act 2011).
The advice notes produced by the Planning Inspectorate are based on the legislation and government policy current at the time they are produced.  They are revised when necessary to reflect changes in legislation or policy.  Advice Note 5 is currently under revision to reflect the changes in the DCLG 'Fees Guidance'.  The Advice Note Change Register will be updated when the changes to Advice Note 5 have been completed. 
As previously stated, the revised version of the 'Fees Guidance' was published in June 2013. Please note that the publication of DCLG guidance is carried out independent of the Planning Inspectorate and we do not have any advance warning of the date that revised guidance will be published or the content of the guidance.  At the time that Wrexham Power Ltd submitted their request for authorisation under Section 53 the previous version of the DCLG guidance was still in place, as reflected by Advice Note 5.  However, by the time the Secretary of State came to consider the requests, the revised version (June 2013) of the guidance had been published. The requests for authorisation were considered against the DCLG guidance current at the time of the determination; this was the June 2013 version of the 'Fees Guidance'. 
With regards to your comments about consultation, as you noted already it plays a significant part in the Planning Act 2008 process and it will be for the developer to prove that the pre-application consultation under s42 and s47 has been carried out accordingly with the legislation under the provision of the Act. Moreover the applicant under s49 must have regard to all responses received during pre-application consultation.

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