The Electricity Generating Stations (Variation of Consents) (England and Wales) Regulations 2013

Public inquiries

8.—(1) The appropriate authority may cause a public inquiry to be held into a variation application if it considers it appropriate to do so having considered—

(a) any representations made about a variation application to the appropriate authority—

(i) which a relevant planning authority makes within two months of the date on which a copy of the application was served on it under regulation 5(2)(b); and

(ii) which any other person makes on or before the date specified in accordance with regulation 5(5)(b)(iii),

where those representations are not withdrawn; and

(b) all other material considerations.

(2) If the appropriate authority causes a public inquiry to be held into a variation application—

(a) it may do so in addition to or instead of any other hearing or opportunity to make representations about the application; and

(b) the following apply to the inquiry as they would apply to a public inquiry held under paragraph 3(2) of Schedule 8 to the Act—

(i) subject to paragraph (3), paragraphs 4(1) to (4), 5A, 7A(5) and 8(3) of Schedule 8 to the Act(1); and

(ii) subject to paragraph (4), the Electricity Generating Stations and Overhead Lines (Inquiries Procedure) (England and Wales) Rules 2007(2) (“the Inquiry Rules”).

(3) For the purposes of the application of paragraphs 4(1) to (4), 5A, 7A(5) and 8(3) of Schedule 8 to the Act to variation applications—

(a) where the appropriate authority is the MMO, references to the Secretary of State are to be read as references to the MMO;

(b) references to paragraph 2(2) or 3(2) of Schedule 8 to the Act are to be read as references to this regulation;

(c) references to an application for section 36 consent in those paragraphs are to be read as references to a variation application;

(d) the reference to “the locality” in paragraph 4(1)(b) of Schedule 8 to the Act is to be read as referring to the locality where those likely to be affected by the proposed development live or work;

(e) paragraph 4 of Schedule 8 to the Act is to be read as if in place of paragraph 4(2) of that Schedule there were inserted a requirement to publish a notice under paragraph 4(1) of that Schedule in one or more local newspapers which are likely to come to the attention of those likely to be affected by the proposed development; and

(f) paragraphs (a)(ii) and (b) of paragraph 7A(5) are to be disregarded.

(4) For the purposes of the application of the Inquiry Rules to variation applications, the following terms, where they are defined in rule 2 of the Inquiry Rules or used elsewhere in the Inquiry Rules, are to be understood as follows—

(a) “application” is to be understood as referring to a variation application;

(b) “qualifying objector” is to be understood as referring to any person who has made representations (which have not been withdrawn) objecting to a variation application in accordance with regulation 5(5)(b)(iii);

(c) “qualifying planning authority” is to be understood as referring to a relevant planning authority within the meaning of these Regulations, if it has made representations (which have not been withdrawn) objecting to a variation application; and

(d) “relevant planning authority” is to be understood as referring to a relevant planning authority within the meaning of these Regulations.

(1)

Paragraphs 5A, 7A and 8(3) of Schedule 8 were inserted by the Energy Act 2004 (c. 20), sections 182(1), 93(2) and 99(2) respectively. Functions of the Secretary of State under Schedule 8 have been transferred partly to the Scottish Ministers (by S.I. 2006/1040, in so far as exercisable in or as regards Scotland) and partly to the Marine Management Organisation (by section 12(5)(a) of the Marine and Coastal Access Act, as regards certain offshore generating stations).

(2)

S.I. 2007/841, amended by S.I. 2008/2831.