Knottingley Power Project

The list below includes a record of advice we have provided for this project. For a list of all advice issued by the Planning Inspectorate, including non-project related advice, please go to the Register of advice page.

There is a statutory duty, under section 51 of the Planning Act 2008, to record the advice that is given in relation to an application or a potential application, including the name of the person who requested the advice, and to make this publicly available.

Preview
Enquiry received via email
response has attachments
Request for information regarding the Examination stage of the Planning Act 2008 process
I write to provide you with some information about the Examination stage of the planning process for Nationally Significant Infrastructure Projects (NSIPs) under the Planning Act 2008 regime. As you may or may not already be aware the Examination stage is a statutory period of up to 6 months. This stage serves the purpose of allowing the appointed Examining Authority (ExA) the opportunity to seek as much information as they can about a project from various sources in order to form their recommendation.

The first step of the Examination stage actually takes place in the previous stage, Pre-Examination, where a Preliminary Meeting (PM) is held to discuss the principle issues of the project and form a timetable for the Examination itself. This timetable is formed by the ExA based on various criteria (e.g. the size of the project, level of public interest) and is fed into by the attendees of the PM who may offer comments and suggestions to the ExA as to how the timetable should be structured, particularly in terms of the inclusion of various hearings.

The Examination stage itself is primarily made up of written submissions from the various registered interested parties (IPs) at numerous set deadlines over the course of the 6 month period. As an Interested Party, Chapel Haddlesey Parish Council is entitled to make such submissions for these deadlines; the link below outlines which submissions are to be made for which deadlines:

[attachment 1]

In regards to your latest submission, dated 1 June 2014, I can see that you had not had sight of the Draft Construction Traffic Management Plan prior to being made aware of it through Eggborough Parish Council. Where this is the case could I please remind you to regularly check the Knottingley Power project page on the Planning Inspectorate pages of the Planning Portal (please see link below). Where all documents we receive for submission deadlines are usually published within 2 to 3 days.

[attachment 2]

Further to this I would recommend you have a look at our Advice Note series which explain the various components of the Planning Act 2008 process. In particular I would suggest you read AN 8.5: Participating in the Examination which provides further information to what I have explained above.

[attachment 3]

If you require any further information relating to navigating the website or the form of submissions then please feel free to contact us and we will aim to answer any queries.

08 July 2014
Brian Metcalf
Enquiry received via phone
response has attachments
Request for advice on how the process works.
As briefly explained yesterday, the application for Knottingley Power Project is for a 1500MW Cycle Combined Gas Turbine (CCGT) and associated infrastructure. The application was submitted by the developer, Knottingley Power Limited to the Planning Inspectorate on 4 October 2013. The Planning Inspectorate on behalf of the Secretary of State had 28 days to decide whether the application should be accepted for examination, the decision to accept the application was made on 31 October 2014.

Following this decision, the pre-examination stage started where parties were invited to submit initial comments on whether they agree/disagree with the proposed application. Submissions were made in the form of relevant representations; these submissions also allowed parties to become an Interested Party (IP) for the project. Not long after the close of the relevant representation period (6 January 2014), the Single Examining Inspector (Elizabeth Hill, Examining Authority) was appointed on 3 February 2014 to examine the application. The Examining Authority made an initial assessment of issues arising from the application and informed all parties in her letter known as the Rule 6.

The Rule 6 letter was issued by the Examining Authority to all registered IPs and statutory undertakers such as yourself to advise on the draft timetable set by the Examining Authority.

On 13 March 2014, the Preliminary Meeting was held at Knottingley Town Hall to discuss the proposed examination timetable with the parties present. Following the meeting, the Examining Authority issued another letter known as the Rule 8 to all registered IPs and statutory parties. The letter included the final timetable for the examination and invited all non-registered statutory parties to advise the ExA whether they wish to be an IP for the project. Those who have registered as an IP receive further correspondence throughout the examination.

At the meeting the applicant informed the ExA about proposed changes to the original application they wished to make; documents highlighting these changes were requested by the ExA and submitted by the applicant for the Deadline 1 within the examination timetable ? 11 April 2014.

A further letter Rule 17 and Rule 8(3) dated 1 May 2014 was issued by the ExA to all registered and non-registered parties advising of proposed changes to the original application. In addition, the ExA in her letter also sought comments from all parties on whether the proposal for a phased closure of Kellingley Colliery, as an adjacent land use, would have any implications for the Knottingley Power Project. The deadline for these comments was 9 May 2014. This is the deadline we discussed over the phone.

All procedural letters for the project including letters Rule 6, 8 and Rule 17 & 8(3) can be accessed from here:

[attachment 1];stage=4&filter=Procedural+Decisions

Please note that the next upcoming deadline for receipt of submissions listed in the examination timetable (Rule 8 letter) is Deadline 5 ? 20 June 2014. Should you have any comments about the application that you would like to bring to attention of the ExA, I suggest sending an email to the project mailbox: [email protected] Furthermore, please note that as you are not registered as an IP any comments you wish to make/submit about the application will be brought to the ExA?s attention, however it will be the ExA?s discretion to decide whether to accept any representations from a non-registered IP.

For more information to understand the process of the Knottingley Power Project application, I also recommend looking at the Rule 8 letter and examination timetable and any procedural decision letters on our website. All submissions received for specific deadlines set in the examination timetable are also published on the project webpage under examination tab, see the link to project webpage below:

[attachment 2]

The note of the Preliminary Meeting held on 13 March 2014 and all audio recordings from hearings held in May 2014 can be also accessed from here:

[attachment 1];stage=4&filter=Hearings

Please note that the examination for the above application is due to close on, or before, 13 September 2014. Once the examination is closed the ExA will have 3 months to write its report recommending the decision to the relevant Secretary of State, the Secretary of State will then have a further 3 months to make a final decision on the application.

All representations for the project must therefore be received by the Planning Inspectorate within the deadlines set in the examination timetable. Moreover, anything submitted after the close of examination will not be considered by the ExA and will be forwarded to the relevant SoS.

For more information on how the Planning Act 2008 process works, I suggest looking at the series of useful Advice Notes on our website (including AN 8.1-8.5):

[attachment 4]

I hope this gives you brief update on where this project currently is in the process and it provides you with an overview of the PA 2008 process itself.

05 June 2014
Peter Speight
Enquiry received via email
response has attachments
Query regarding the proposed access routes for the gas connection.
In your email you ask the Examining authority (ExA) whether the applicants intends to use the A19 for construction traffic. This type of question is the type of issue that can be explored and discussed during examination through written questions issued by the ExA or verbally at any of the hearings taking place.

So you may find it useful to attend one or all of the hearings next week, where you can raise this question and the applicant can respond.

Please see the link below to our website and a letter which gives details of all the hearings taking place next week.

[attachment 1]

Also please see a link to the agendas for the Environmental Impacts hearing and the Compulsory Acquisition hearing.

[attachment 2]

I note in an earlier communication to us you indicated that you would interested in attending an Open Floor Hearing if one was held. For you information an Open Floor hearing is taking place at Knottingley Town Hall, at 7pm on Wednesday 14 May 2014.

You may also find Planning Inspectorate Advice note 8 ?Participating in the examination? useful. Please see link to it below

[attachment 3]

09 May 2014
Bryan Metcalf
Enquiry received via email
response has attachments
Request to attend hearings on 14 and 15 May 2014 as a non-interested party.
As you correctly noted, the deadline for registering as an IP has already passed, however please note that anyone can attend the hearings or make a submission to the Examining Authority should they wish so within the deadlines as set in the examination timetable (Rule 8 letter).

Please note however that should you wish to speak at the hearing or make any submission in relation to the application, it will be in the appointed ExA?s discretion to decide whether or not to allow you to participate in the hearing or to accept any submissions made by a non-interested party.

Please see the link below to all letters recently issued by the Examining Authority regarding the Knottingley Power Project. These letters are:

? Rule 8 letter - which includes examination timetable
? Rule 13/Rule 16 ? Notification of Hearings and Accompanied Site Visit
? Rule 8(3) and Rule 17 ? request for further comments and changes to the timetable

[attachment 1];stage=4&filter=Procedural+Decisions

I suggest following the Knottingley Power Project Website for the hearing agendas which will be published at least a week prior to the hearings.

01 May 2014
Emily Agus
Enquiry received via email
Email from Selby District Council regarding their status as an Interested Party 'IP'.
The Planning Inspectorate provided the following advice:

Please note that the Examining Authority is aware that Selby District Council (SDC) did not submit a relevant representation, however, as per section 43 of the Planning Act 2008 (as amended), as a lower tier district council SDC is classified as a local authority ?B? for the project. Moreover, a ?B? local authority is the authority in whose area the land for proposed development is situated.

As a ?B? local authority you are therefore automatically an Interested Party ?IP? for the above application as per section 102(1)(c) of the 2008 Act. Please note that as an IP you can participate in the examination of this application through submitting documents and representations within deadlines specified in the examination timetable, including the Local Impact Report and Statements of Common Ground. Please note that you are also invited to attend and participate in examination events including site visits and hearings.

10 April 2014
Louise Milnes
Enquiry received via email
Late representation received on 12 March 2014 regarding Knottingley Power Project. The Examining Authority exercised its discretion and has chosen not to accept the representation at this stage.
Please note that your name has been given to the Planning Inspectorate in the Knottingley Power Limited?s notice under section 59 of the Planning Act 2008 (as amended) which the applicant is required to provide under the 2008 Act. The purpose of the notice is to inform the Secretary of State of persons affected by the proposed development or who have an interest in land to which compulsory acquisition request relates. Moreover, as an affected person by the proposed development please be advised that you are already considered as an interested party ?IP? for above application.

As you may be aware the deadline to submit a relevant representation to the Planning Inspectorate closed on 6 January 2014. Please note that as your comments were received outside of this deadline, the Examining Authority (ExA) has decided to disregard your representation and not to take into account your comments on this occasion.

However, as an interested party you will be invited by the ExA to take a full part in the examination of the application by making written representations within deadlines set in the examination timetable. Please note that as an IP you will also be able to make oral representations at the hearings should any take place during examination. I therefore advise you to resubmit your comments included in your email dated 12 March 2014 as a written representation for the first deadline set within the final examination timetable.

Please note that the ExA will shortly be issuing a letter to all interested parties, which contains the final examination timetable for the application, known as the Rule 8 letter.

The Rule 8 letter will include a number of deadlines for submissions to be made by interested parties during the examination, including a deadline for submission of ?written representations?. The purpose of a written representation is to identify those parts of the application that each party agrees with and those parts which they do not agree with, including the reasons for such disagreement. There is no prescribed form for making written representations, however all submissions should be made within deadlines as set within the ExA?s timetable. All late submissions may be disregarded by the ExA.
The ExA will also invite all interested parties in its Rule 8 letter to notify the ExA of their wish to be heard at the hearings should any take place.

19 March 2014
Kelly Storey
Enquiry received via email
Late representation received regarding Knottingley Power Project. The Examining Authority exercised its discretion and has chosen not to accept the representation at this stage.
Please note that your name has been given to the Planning Inspectorate in the Knottingley Power Limited?s notice under section 59 of the Planning Act 2008 (as amended) which the applicant is required to provide under the 2008 Act. The purpose of the notice is to inform the Secretary of State of persons affected by the proposed development or who have an interest in land to which compulsory acquisition request relates. Moreover, as an affected person by the proposed development please be advised that you are already considered as an interested party ?IP? for above application.

As you may be aware the deadline to submit a relevant representation to the Planning Inspectorate closed on 6 January 2014. Please note that as your comments were received outside of this deadline, the Examining Authority (ExA) has decided to disregard your representation and not to take into account your comments on this occasion.

However, as an interested party you will be invited by the ExA to take a full part in the examination of the application by making written representations within deadlines set in the examination timetable. Please note that as an IP you will also be able to make oral representations at the hearings should any take place during examination. I therefore advise you to resubmit your comments included in your email dated 12 March 2014 as a written representation for the first deadline set within the final examination timetable.

Please note that the ExA will shortly be issuing a letter to all interested parties, which contains the final examination timetable for the application, known as the Rule 8 letter.

The Rule 8 letter will include a number of deadlines for submissions to be made by interested parties during the examination, including a deadline for submission of ?written representations?. The purpose of a written representation is to identify those parts of the application that each party agrees with and those parts which they do not agree with, including the reasons for such disagreement. There is no prescribed form for making written representations, however all submissions should be made within deadlines as set within the ExA?s timetable. All late submissions may be disregarded by the ExA.
The ExA will also invite all interested parties in its Rule 8 letter to notify the ExA of their wish to be heard at the hearings should any take place.

19 March 2014
Craig Moss
Enquiry received via email
Advice to Parish Council regarding its status as an interested party.
I note in your email that you may wish to attend an open session hearing for above application.

Please note that the letter dated 18 February included an indicative timetable for examination of the application.

As mentioned in my previous email, shortly following that meeting the Examining Authority will issue a letter to all parties including the final timetable for the examination. This letter is known as the Rule 8 letter.

In order for an Open Floor Hearing to take place, the ExA must receive a notification/request for one from at least one interested party ?IP?. The notification must be received before the deadline set within the ExA?s final timetable.

I note that Chappel Haddlesey Parish Council is currently not registered as an IP. The Examining Authority in its Rule 8 letter will provide statutory parties with an opportunity to notify the ExA of your wish of becoming an IP.

Once registered as an IP, you will then be able to make a request to the ExA for an Open Floor Hearing to be held. Moreover, you will be able to take a part in the examination not only by attending the hearing but submitting your representations directly to the Examining Authority.

I therefore strongly recommend to use this opportunity to notify the ExA of your wish to become an interested party, in order that your Parish Council can take part in the examination, request an OFH and should you wish to do so make any representations during the examination of that application.

A reply to this email indicating you wish to be an interested party for this examination would suffice.

12 March 2014
Bryan Metcalf
Enquiry received via email
response has attachments
Comments received from Chapel Haddlesey Parish Council regarding Knottingley Power Project application.
Please note that the purpose of the letter dated 18 February 2014 (Rule 6 letter) was to invite all parties to the Preliminary Meeting on 13 March 2014. The purpose of this meeting is for the appointed Examining Authority ?ExA? to discuss how the application will be examined. The meeting may include questions and answers about the key issues that will need to be examined, the timetable for the examination and other important organisational details. However, the merits or otherwise of the application will not be discussed at the meeting, which is purely procedural.

Following the meeting, the ExA will consider all comments and suggestions received and set the timetable for examination. The timetable will be included in the letter to all parties, known as the Rule 8 letter. The timetable will include a number of deadlines for submissions to be made by interested parties, including a deadline for submission of ?written representations?. The purpose of a written representation is to identify those parts of the application that each party agrees with and those parts which they do not agree with, including the reasons for such disagreement. Please note that there is no prescribed form for making such a representation and that all submissions should be made within deadlines set by the ExA in its Rule 8 letter.

I note that Chapel Haddlesey Parish Council has not submitted a ?relevant representation? for the deadline of 6 January 2014. Please note that should the Parish Council wish to take a part in the examination as an interested party ?IP?, you must notify the ExA of your wish within the deadline specified in the timetable.

As an IP you will have the opportunity to provide further written evidence due course of examination. Moreover, as an IP you will be given an opportunity to request an ?open floor? hearing. These hearings provide interested parties with an opportunity to make oral representations, based on their initial relevant representation or subsequent more detailed written representation about the application. You will be informed of the progress of the examination, and once it is concluded, you will be notified of the decision.

I am also including links to our Advice Notes 8.1: 'How to get involved in the planning process' and Advice Note 8.3: 'How to register to become an Interested Party in an application', both available from the link below:

[attachment 1]

07 March 2014
Bryan Metcalf
Enquiry received via email
Advice regarding submissions before Preliminary Meeting.
Please may I advise you that no representations should be made at this stage. Moreover, following the meeting on 13 March 2014, the ExA will issue the letter (Rule 8 letter) to all parties informing of the final timetable for examination of the application. This timetable will include various deadlines for parties to make their representations/submissions within specified deadlines. Note that if submissions are late, it will be in the ExA discretion to decide whether to accept them.

Please, may I therefore suggest to submit your representation/letter following the meeting within the deadlines as specified in the ExA?s examination timetable (Rule 8 letter).

06 March 2014
David Hymas
Enquiry received via email
The applicant noted minor errors in its original application documents submitted to the Inspectorate and requested to submitt revised documents along with a schedule highlighting and explaining the changes.
The Inspectorate provided following advice to the applicant:

I note that in point 4 of your letter you state:

?Since submission of the application, a number of minor errors in the application documents have come to light. KLP has also made significant progress on agreeing amended mitigation measures and DCO requirements with relevant interested parties.

We would propose to submit revised documents along with a schedule highlighting and explaining the changes by the first deadline set by the examining authority. Please could you confirm that this approach will be appropriate??

I understand that you are requesting to submit revised documents those referred to above, to the Examining Authority by first deadline set in the examination timetable.

Please note that it is in the ExA?s discretion to exercise its powers to decide whether to accept any ?additional submissions? that fall outside set deadlines or documents that have not been requested by the ExA. The ExA would, as part of its consideration, need to decide whether the information represents a change to the application.

With regards to above, I advise you to submit your documents to the Planning Inspectorate as soon as possible. In due course it will be for the ExA to decide whether to accept your submission and if so to invite comments through a further procedural decision.

06 March 2014
Darragh Carr
Enquiry received via email
Advice to local planning authority on getting involved in the examination of the application
Please note that Lancashire County Council has been identified as a relevant local authority ?D? as defined under the Planning Act 2008 (as amended) who shares a boundary with an upper tier county council within whose area the land for the proposed development is situated.

The letter dated 18 February 2014 was an invitation to the Preliminary Meeting on 13 March 2013. The purpose of that meeting is for the ExA to discuss the draft timetable for the examination of the application with the parties present at the meeting. Please note that following the meeting, Lancashire County Council will also receive a letter from the ExA informing of the final timetable for the examination, known as the Rule 8 letter.

I note that Lancaster County Council did not submit a relevant representation for the deadline 6 January 2014, therefore you won?t be receiving any correspondence about the application following the Rule 8 letter. Please note that should you wish to receive further correspondence following the Rule 8 and/or take a part in the examination, you will be given further opportunity to register by notifying the ExA within the deadline set in the Rule 8 letter.

I would be grateful if you could confirm on or by 6 March 2014 whether Lancashire County Council wishes to attend the meeting on 13 March 2014.

05 March 2014
Philip Megson
Enquiry received via email
Request for information relating to attendance at the Preliminary Meeting.
Thank you for your email informing us that you wish to attend the Preliminary Meeting for the above project.

Your name has now been added to our list of attendees.

Please note that following the meeting, the Examining Authority ?ExA? will send out a letter with the final timetable for examination of the application. Moreover, as a statutory party you will be given a further opportunity to notify the ExA of your wish to take a part in the examination within the deadline set in that letter (?Rule 8 letter?).

28 February 2014
Chris Harris
Enquiry received via email
Request to submit written representation and query relating to attendance at the Preliminary Meeting.
Thank you for your email informing us you wish to take a part in the examination of the application.

I understand from your email that you represent Mr & Mrs Caddick and Caddick Construction Limited. Moreover, I trust that you were allocated a reference number which can be found at the front of the letter dated 18 February 2014, please may I advise you to refer to this number in the future.

Please note that the purpose of the letter you received was to invite parties to attend the Preliminary Meeting, not therefore an invitation to make submissions at this stage. The deadline 6 March 2014 is therefore to notify the Inspectorate whether you wish to attend the meeting.

We encourage parties to attend the PM at which the ExA and all the parties present will be discussing draft timetable for examination of the application.

Please note that the examination of the application starts on the day of the PM. Following the meeting, the ExA will send out final timetable to all persons invited to the meeting giving opportunity to make submissions within deadlines set in that letter ? Rule 8.

I would be grateful therefore if you could confirm on or before 6 March whether you wish to attend and speak at the meeting on 13 March 2014.

28 February 2014
David Hymas
Enquiry received via email
response has attachments
Email from Local Planning Authority requesting extension for deadlines set in draft timetable for examination.
Thank you for your email received on 24 February 2014 informing us that you wish to attend the Preliminary Meeting on 13 March 2014.

I note from your email that you wish to make a request for an extension of deadlines set in the draft timetable in letter dated 18 February 2014.

Please note that it is for the appointed Examining Authority ?ExA? to decide how to examine the application. The Preliminary Meeting is chaired by the ExA and is held to consider how the application is to be examined. Moreover, the purpose of the meeting may include questions and answers related to the final timetable for examination and general organisational matters. At the meeting, the ExA will discuss the draft timetable with the parties as set in the letter dated 8 February 2014. Following the meeting, the ExA will consider all the requests received at the PM and a further letter known as the (Rule 8) will be sent out to parties informing them of the final timetable for examination of the application.

I therefore suggest attending and raising your request directly to the ExA at the meeting.

As you already noticed, as a part of the examination the ExA will invite relevant local authorities including NYCC to submit their Local Impact Report (LIR) and make other submissions. We strongly encourage NYCC as a relevant local authority to use this period of time to start your own evaluation of the local impacts of the proposal. Please note that LPA are encouraged to prioritise of their LIR irrespectively of whether the LPA considers the development would have positive or negative impact on the area.

Please note that Local Impact Reports play important role and when coming to a decision the Secretary of State must have regard to any LIRs that are submitted by local authorities within the set deadline. Local Planning Authorities are therefore encouraged to produce LIRs when they are invited to do so.

I am including the link to our Advice Note on Local Impact Report below:

[attachment 1]

26 February 2014
Ray Bryant
Enquiry received via email
response has attachments
Advice to local planning authority regarding Local Impact Report.
Thank you for your email informing us that you are not able to attend the meeting.

Please note that as a relevant local authority you will be informed about final examination timetable of the application. Following the meeting, the Examining Authority will set final examination timetable in its letter to all parties (Rule 8 letter) based on comments received at the meeting.

In the Rule 8 letter, all relevant local authorities will be invited to notify the ExA of their wish to be involved in the examination within specified deadline. As you may be ware the ExA will also invite relevant local planning authorities to submit their representations and Local Impact Report (LIR).

We therefore strongly encourage you as a relevant local authority to use this period of time to start your own evaluation of the local impacts of the proposal. Please note that LPAs are encouraged to prioritise their work on LIR irrespectively of whether the LPA considers the development would have positive or negative impact on the area.

Local Impact Report document plays important role in the process of the NSIP application. In coming to decision, the Secretary of State must have regard to any LIRs that are submitted by local authorities within the set deadline.

Local Planning Authorities are therefore encouraged to produce LIRs when they are invited to do so.

I am providing a link to our Advice Note 1 on LIR below:

[attachment 1]

26 February 2014
Wendy Muldoon
Enquiry received via email
response has attachments
Query regarding liability of operator of development in making compensation payments if applicant cease to be operator when payment is due.
I understand that you act for Caddick Construction Ltd. Concerns about funding for compulsory acquisition are no doubt a matter that your client would wish to raise as part of its representations. It is a matter that I would expect to figure in the examination of the application.

You may wish to be aware of the following documents in this context:

? The DCLG document "Planning Act 2008 - Guidance relating to procedures relating to the compulsory acquisition of land" contains some guidance relating to the resource implications of compulsory acquisition - see paragraphs 17 and 18

([attachment 1]).

? As required by the relevant Regulations, the application included a Funding Statement describing how the applicant proposes to fund the compulsory acquisition - see application document 4.2

([attachment 2]).


? The application draft Development Consent Order (application document 3.1) contains provisions that are to apply on the transfer of the benefit of the Order - see article 6

([attachment 3]

21 February 2014
David Hymas
Enquiry received via email
The enquiry received from the applicant regarding deadline for submission of Certificates of Compliance with s56 of the Planning Act (as amended)

The applicant enquired whether certificates must be submitted within 10 working days following the initial deadline given for receipt of relevant representations, or the extended deadline that was provided by the applicant to 3 parties.
Following advice was given:

Our understanding is that the applicant has carried out the following in respect of section 56 of the Planning Act (2008) as amended:

? s56 (2) Notifying persons of accepted application, and Regulation 8 of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 (as amended) - Notice of accepted application. The notice that was served by the applicant to persons under s56(2) included the period of 14 November ? 6 January 2014 for receipt of relevant representations.

? Legislation as above. A re-issued notice was served by the applicant to Mr and Mrs Howson, identified as new tenants, and South Milford Parish Council on the basis of returned correspondence, and was served on 24 December 2013 and included the period of 14 November ? 28 January 2014 for receipt by the SoS of relevant representations.

19 January 2014
Caryl Walter
Enquiry received via phone
Phone call regarding letters submitted to the applicant at the relevant representation stage
Please see the summary of points we discussed over the phone today.

In terms of our discussion about the letters that you have received from various parties at the relevant representation period, please note that those people should have been contacted and advised during the relevant representation period to make their representation on the prescribed form to the Planning Inspectorate as per your 56 Notice that was published in the papers.

Unfortunately, as the relevant representation period has now been closed these letters cannot be accepted by the Inspectorate as a relevant representation. I suggest you reply to those persons to explain that procedure. You might wish to also advise them that letters that were sent to you can be resent to the Inspectorate but it will be at the discretion of the Examining authority (once appointed) to exercise its powers to decide whether to accept their submission. Please also advise those parties that all submissions from now own should be made to the Planning Inspectorate within deadlines that will be specified by the ExA in their procedural letters.

In addition to the above, please note that if the letter was received from members of public but it wasn?t made to us on prescribed form, that person will not have another opportunity to become an Interested Party 'IP'. If the person however is a statutory consultee who did not make a relevant representation, they will be invited again to notify the ExA if they wish to participate in the examination. This invitation will be included in the ExA's procedural letter. Moreover, section 44 persons and relevant local authorities are automatically interested parties for the whole process.

Please note that once the certificates of compliance are received, the Secretary of State 'SoS' will appoint the ExA who will decide on how the application should be examined. As discussed relevant representations will be published following the receipt of certificates. The certificates must be submitted by the applicant within 10 working days that starts from the day following the deadline for receipt of relevant representations.

07 January 2014
Ben Wallace
Enquiry received via post
Advice given on the relevant representation process
I note that you do not wish to make any comments about the application at this stage.

Please note that, the purpose of the relevant representation is to make a summary of issues on whether you agree or disagree with the proposed application. Moreover, for such a representation to be a relevant representation it must be made on the prescribed form and it must include comments about the proposed application as per Regulation 4 of the Infrastructure Planning (Interested Parties) Regulations 2010 (as amended).

Yorkshire Dales National Park Authority has been identified as a relevant authority ?D? for the project, who shares the boundary with an upper tier county council ?C? (within whose area the land is situated).

The ExA (when appointed) will therefore invite you to attend the Preliminary Meeting. Moreover, following the meeting, the ExA will provide you with an opportunity to notify the ExA in writing that you wish to become an Interested Party ?IP?. All local authorities and statutory parties will be given this opportunity.

Local authorities play vital role in the process of the Nationally Significant Infrastructure Projects (NSIPs) by representing their local communities and providing a valuable knowledge about their local area.

We therefore strongly encourage you to use the opportunity and become an IP following the Preliminary Meeting in order to participate in the process. All the representations submitted by interested parties will inform the ExA in making their final recommendation on the application to the relevant Secretary of State.

18 December 2013
Yorkshire Dales NPA - Richard Graham
Enquiry received via post
response has attachments
Advice given on the relevant representation process
As you are aware the application is currently at the pre-examination stage, during its relevant representation period that closes on 6 January 2013.

The purpose of the relevant representation is to make a summary of issues on whether you agree or disagree with the proposed application. In order for a representation to be a relevant representation it must be made on the prescribed form as per Regulation 4 of the Infrastructure Planning (Interested Parties) Regulations 2010 (as amended).

We strongly recommend that you use the form now to make a relevant representation so that your views can be taken account of by the Examining Authority (ExA) when making the initial assessment of the principal issues and preparing the draft examination timetable. This will be following the ExA's appointment, shortly after the close of the relevant representation registration period. Using the form will also ensure that we have the correct contact details for EH on our database from an early stage.

Please note, however, that as a statutory party listed in Schedule 1 of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009, the ExA (when appointed) will invite you to attend the Preliminary Meeting. Moreover, in accordance with s89(2A)(b) of the Act, following the meeting you will have an opportunity to notify the ExA in writing that you wish to become an Interested Party if you have not made a relevant representation on the prescribed form. All prescribed consultees will be given this opportunity.

Please may I therefore suggest that you re-register and submit the content of your letter by filling in the relevant representation form via link below:

[attachment 1]

I hope that is helpful, please do not hesitate to contact me should you have any questions.

17 December 2013
English Heritage - Neil Redfern
Enquiry received via email
The use of an illegible 'captcha with this form is crass. The entire planning system is biased against residents and now you are making it harder for us to register
Knottingley Power Station by Knottingley Power Limited

Thank you for submitting your relevant representation on behalf of North Yorkshire County Council; you are now registered as an interested party (IP) for the above application.

Please note that as an IP, you will be invited to take part in the examination of the application. Once the Examining Authority (ExA) is appointed, you will be invited to attend the preliminary meeting and submit further representations within deadlines specified in the ExA?s Rule 8 letter.

I note in your relevant representation, that you were unsatisfied with the usage of a ?captcha? when submitting a relevant representation through our planning portal website.

Please note that this feature is in place to ensure that the representations are from actual people and not submitted automatically by a computer.

For future assistance, if you are unable to read the image displayed, please click the reload button next to the distorted words to display a new image which may be easier to read. There is also an audio button to hear a set of words that can be entered instead of the visual challenge.

I hope this information is helpful.

16 December 2013
North Yorkshire County Council - John McCartney
Enquiry received via phone
response has attachments
Phonecall from Canal Trust regarding making a relevant representation.
Further to that telephone call, as you have been advised by my colleague please note that the purpose of the relevant representation is to become an Interested Party ?IP? by making a summary of issues about the proposed application. Once you are registered as an IP, the Examining Authority (when appointed) will invite all IPs to make more detailed representations during the examination stage within deadlines set in the Rule 8 letter.

Please note that relevant representations inform the Examining Authority ?ExA? of the initial issues that are arising from the application and inform the ExA in drafting final examination timetable.

I therefore suggest submitting your relevant representation on behalf of Canal Trust during the relevant representation period which closes on 6 January 2013, 23:59.

The relevant representation form can be filled in via link available below:

[attachment 1]

For more information on what the relevant representation is please see Advice Note 8.3, available from link below:

[attachment 2]

13 December 2013
Canal River Trust Knottingley Power Station
Enquiry received via email
Email regarding applicant's adequacy consultation.
I am writing with regards to your response in relation to above project.

Please note that under Regulation 5(5) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009; the Inspectorate on behalf of the Secretary of State has a power to request original responses from the applicant received by the applicant during its pre-application consultation under s42., s.47 and s.48 of the Planning Act 2008 (as amended).

The Inspectorate made such a request and the original responses to the applicant's consultation were submitted to us on 4 October 2013.

The Secretary of State has a 28 day period to decide whether to accept the application for the examination. Before making its decision, the Secretary of State invites all identified relevant local authorities to comment on the applicant's adequacy of consultation.

I would like to therefore confirm that following your response, I identified in the applicant's original responses received during the applicant's pre-application consultation that a response was received from Leo Oliver on behalf of Durham County Council dated 23 April 2013 stating:

'Following receipt of your letter of consultation under s.42 of the PA 2008 (dated 20 March 2013) on the Knottingley Combined Gas Turbine Power Station, Durham County Council as strategic planning authority have no detailed comments to make?.

Having the above evidence, we therefore understand that Durham County Council was aware of the applicant's consultation in relation to above application.

Please note that under s43 of the PA2008, Durham County Council has been identified as a 'D' local authority, who share their boundary with the boundary of the local authority in which the proposed development is to be situated.

I hope the is information is helpful .

Please do not hesitate to contact us should you have any questions about above.

Kind Regards

18 October 2013
Claire Teasdale (Durham County Council)
Enquiry received via email
Email rgarding adequacy of consultation.
Thank you for your email received 16 October 2013.

We appreciate being informed of your views.

Our role as an organisation is to examine major Nationally Significant Infrastructure Projects (NSIPs) on behalf of the Secretary of State under the Planning Act 2008 process (as amended).

As you may be aware from my previous correspondence, we received an application for the proposed Knottingley Power Station in West Yorkshire by Knottingley Power Limited. Before formally submitting the application to the Secretary of State for consideration, the applicant must consult all identified relevant local authorities. Local authorities play a vital role during the pre-application consultation.

As a part of the Planning Act 2008 process, we are under duty to ensure that the pre-application consultation was carried out adequately. We would therefore like to invite all the identified relevant local authorities to provide us with their views on consultation carried out by the applicant.

Leeds City Council was identified as a relevant local authority because it shares a boundary with the local authority in which the proposed development is to be situated. We have 28 days to decide whether the application should proceed for examination. Before deciding on the application we must have regard to all adequacy of consultation comments received.

We therefore are taking the opportunity to invite all local authorities to confirm whether or not they are satisfied that consultation was carried out adequately. In addition, the applicant must comply with the following duties of the PA 2008:

Duty to consult (Section 42 of the PA 2008);
Duty to consult the local community (Section 47 of the Pa 2008);
Duty to publicise (Section 48 of the PA 2008)
The consultation under PA 2008 is carried out to ensure that everyone had an equal opportunity to be involved in the process.

We appreciate however that you may not wish to make an adequacy of consultation representation. If so, it would assist if you could reply in those terms

Please do not hesitate to contact me if you have any questions.

17 October 2013
Maxwell Rathmell (Leeds City Council)
Enquiry received via meeting
response has attachments
Pre-submission update from the applicant and discussion on the draft documents submitted to the Planning Inspectorate.
Please see attached meeting note

25 July 2013
Knottingley Power Limited - Darragh Carr
Enquiry received via email
response has attachments
Enquiry regarding Statements of Common Ground
The aim of a SoCG is to agree factual information and to inform an Examining authority and all other parties by identifying where there is agreement and where the differences lie and in particular highlighting key outstanding issues and concerns at an early stage of an examination process. It should provide a focus and save time by identifying matters which need not be in dispute or the subject of further evidence. It can also usefully state where and why there may be disagreement about the interpretation and relevance of the information. For example, the parties might agree that a certain measurement is relevant and is a key part of the case and also agree what is the difference in the measurements (X for the applicant and Y for the interested party). The reasons for the differences and the interpretation of the implications of a difference can then be expanded in the evidence having been highlighted as a key outstanding issue and concern.

Although there is no statutory requirement to provide a SoCG, it is usual for an Examining authority to request these during the examination process, and therefore applicants are advised to engage early with parties in pre-application. SoCG?s will formally be requested when the procedural timetable is issued in examination and in parallel with questions from the Examining authority.

?CLG guidance for the examination of applications for development consent? relating to SoCG can be found on the Planning Inspectorate website or by following this link (please see paragraphs 63-68):
[attachment 1]

12 March 2013
Ian Pollard - Wakefield MDC
Enquiry received via meeting
response has attachments
Project update meeting - Please see attached note

09 August 2012
ESBI - Darragh Carr
Enquiry received via meeting
response has attachments
Inception meeting between the Planning Inspectorate and ESBI
Please see the attached meeting note

14 March 2012
ESBI - Darragh Carr
Enquiry received via meeting
response has attachments
Introductory Meeting and discussion of pre-application process.
Please see attached meeting note

17 January 2012
ESBI - Darragh Carr