Wylfa Newydd Nuclear Power Station
A category 3 “person with interest in land” under s.44 PA 2008 has indicated that they do not wish to receive consultation material from us.
The approach that we’re proposing is to write to them informing them that this decision could affect their statutory rights and that they may wish to reconsider. Assuming that they confirm again that they do not wish to receive communications from us are we able to rely on this initial exchange of letters to show compliance with the Act or should we send them consultation material during our s.42 consultation regardless of their wishes so that we can ensure that the requirements of s.42 are met?
Is it clear from the person’s response as to why they do not wish to receive the consultation, for example are they aware of what category 3 means and are they stating that they do not wish to be consulted, or that they believe they are not a category 3 person?
We would advise that you respond to the person to state that you will respect their wishes, but to also explain why they have been identified as a category 3 person, what this means, and that they may be included in the book of reference in the submitted application and that it may be in their best interest to be consulted. You should also explain the importance of engaging in the pre-application process. Horizon could then ask the person to confirm if they do not wish to receive the consultation information. Also it would be important to clarify if just one person has been identified at that address, or is it a group of people/family, if so you would need to seek evidence that each person does not wish to be consulted.
The request from the category 3 person won’t affect their statutory rights going forward, because they could still be included in the book of reference, and even if they were not included in the book of reference they may still be able to make a relevant claim. Horizon would want to consider again, following submission of the application and if the application is accepted for examination, whether to send them notification under section 56 of the Planning Act 2008.
Horizon should keep a log of all incoming and outgoing correspondence regarding this matter and include it (and explain it) within the consultation report.