Meeting Note File reference EN010011 (Pre-Exam) - National ...

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asked whether the IPC can provide a steer on how the preliminary meeting will proceed including whether parties will be called upon to discuss matters at the preliminary meeting, noting that the minimum 21 days notice is constraining. IPC explained that notice of the preliminary meeting including an agenda of the matters to be discussed will be sent to interested parties (Rule 6 of Examination Procedure Rules) following the appointment of the ExA and its initial assessment of issues. The matters to be discussed will be influenced by the relevant representations made by interested parties and will be a matter of the ExA to decide, not the Secretariat. 2, 3,& 4) Timescale for the production of the Local Impact Report (LIR), Written Representations and Statement of Common Ground (SOcG): There is no statutory timescale for the submission of the LIR, the deadline for the submission of any LIR being a matter for the Examining Authority to decide in its procedural note to be issued following the preliminary meeting. The CLG Guidance on the examination process states that this should normally be received by the ExA within a six week period following the procedural decision. Interested parties will have the opportunity to make oral representations on the time they require to produce LIR, representations on SoCG at the Preliminary Meeting. The preliminary meeting is the correct forum for this discussion. The LAs explained that, bearing in mind the Council’s decision making processes, it would be beneficial if the deadline for the submission of the LIR, written representation and the Statement of Common Ground could be the same. This was noted by the IPC but it was re-emphasised that this was a matter for the ExA to determine. The IPC did advise however that bearing in mind the likely timescale for the pre-examination stage, the deadline for submission of written representations was not likely to be before the end of January at the earliest, noting also the CLG guidance referred to above in respect of the LIR. IPC advised that written representations will be made available on the Commission’s website . A deadline for submission of comments on others’ representations will be set in the examination timetable. 5) Time for completion of s106 agreement (s174 PA 2008): Page 2of 6 P:\CASE MANAGEMENT\Rookery South\091110_EN010011_Meeting CBC BBCFinal.doc
IPC explained that any legal agreement would need to be signed before the end of the examination period in order that is can be taken into account when the ExA makes its decision or recommendation. Representations from interested parties on any draft Head’s of Terms or proposed obligations from the applicant can be made through written representations or the LIR (for LAs). Whilst there will be opportunity for discussion at any specific issue hearing, interested parties should not assume such hearings will take place – the primary form of examination being by the means of written representations. The same advice is relevant to requirements. The LA s expressed a view that this could cause practical difficulties in coming to any conclusion on any legal agreements or requirements. (Note: Section 7 is also relevant to this.) 6) The Draft National Policy Statements (NPSs) – Processes Given that the NPSs are due to be implemented at a time when this application is being examined the LAs questioned how the ExA will decide what weight to give to them? In addition, how will the examination proceed if there are significant changes to the NPS from its draft? IPC advised that the ExA will need to decide the weight that should given to any relevant draft NPS, in a similar way to how an Planning Inspector would need to give the appropriate weight to any emerging policy document in an planning appeal. Should significant changes occur during the examination process, consideration would need to be given by the ExA to whether further representations are invited from interested parties. This decision will obviously depend on what the particular issues are. IPC also advised that the Chair would be reluctant to extend an examination but has the power to do so under s98 of the Planning Act 2008. However should the Commissioner(s) and Chair feel that the changes between the draft and implemented NPS were significant and of relevance to the application, the Chair may choose to extend the examination. 7, 9, 10 & 11) Hearings - Issue Specific Hearings / Identification of matters at the start of a Hearing / Council representatives at hearings / Oral Representations: IPC reiterated that the time for interested parties to make representations on whether any issues require Page 3of 6 P:\CASE MANAGEMENT\Rookery South\091110_EN010011_Meeting CBC BBCFinal.doc
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