Section 55 Acceptance of Applications - Planning … · Section 55 Acceptance of Applications Checklist VANGUARD October 2013 of 36 The ... Royal National Lifeboat Institution (RNLI)

Section 55 Acceptance of Applications Checklist VANGUARD October 2013 of 36

The Planning Act 2008 Section 55 Acceptance of Applications* (Appendix 2 of advice note six: Preparation and submission of application documents)

(1) The following provisions of this section apply where the Secretary of State receives an application that purports to be an application for an order granting development consent.

(2) The Secretary of State must, by the end of the period of 28 days beginning with the day after the day on which the Secretary of State receives the application, decide whether or not to accept the application.

(3) The Secretary of State may accept the application only if the Secretary of State concludes -

(a) that it is an application for an order granting development consent, (b) deleted (c) that development consent is required for any of the development to which

the application relates, (d) deleted (e) that the applicant has, in relation to a proposed application that has

become the application, complied with Chapter 2 of Part 5 (pre-application procedure), and

(f) that the application (including accompaniments) is of a standard that the

Secretary of State considers satisfactory.

(4) The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(e), must have regard to -

(a) the consultation report received under section 37(3)(c), (b) any adequacy of consultation representation received by the Secretary of

State from a local authority consultee, and (c) the extent to which the applicant has had regard to any guidance issued

under section 50.

(5) In subsection (4) - “local authority consultee” means -

(a) a local authority consulted under section 42(1)(b) about a proposed application that has become the application, or

(b) the Greater London Authority if consulted under section 42(1)(c) about that

proposed application;

http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/

Section 55 Acceptance of Applications Checklist VANGUARD October 2013 of 36

“adequacy of consultation representation” means a representation about whether the applicant complied, in relation to that proposed application, with the applicant’s duties under sections 42, 47 and 48.

(5A) The Secretary of State when deciding whether the Secretary of State may reach the conclusion in subsection (3)(f) must have regard to the extent to which –

a) the application complies with the requirements in section 37(3) (form and contents of application) and any standards set under section 37(5) and

b) any applicable guidance given under section 37(4) has been followed in

relation to the application.

(6) If the Secretary of State accepts the application, the Secretary of State must notify the applicant of the acceptance.

(7) If the Secretary of State is of the view that the application cannot be accepted, the Secretary of State must -

(a) notify that view to the applicant, and (b) notify the applicant of the Secretary of State’s reasons for that view.

(8) If in response the applicant modifies (or further modifies) the application, subsections (2) to (7) then apply in relation to the application as modified.

* Section 55 of the Planning Act 2008 as amended by the Localism Act 2011 DISCLAIMER - This is for information only and is not a formal application document. It is a non-statutory checklist for the Planning Inspectorate (National Infrastructure Directorate) to complete. Completion or self assessment by the applicant does not hold weight at the acceptance stage. NB: See DCLG Application Form Guidance for guidance on how the application form should be completed and what should be included with it.

Section 55 Acceptance of Applications Checklist VANGUARD October 2013 of 36 1

Section 55 Acceptance of Applications Section 55 Application Checklist1

Section 55(2) Acceptance of Applications

Within 28 days (starting day after receipt) the Secretary of State must decide whether or not to accept the application.

Date received 28 day due date Date of decision

7 February 2014 7 March 2014 6 March 2014

Section 55(3) – the Secretary of State may only accept an application if the Secretary of State concludes that:-

Planning Inspectorate Comments

1. s55(3)(a) and s55(3)(c) It is an application for an order granting development consent

1.1 Is the development a nationally significant infrastructure project2 (NSIP) (or does it form part of an NSIP); and does the application state on the face of it that it is an application for a development consent order3 (DCO) under the Planning Act 2008 (the PA2008), or equivalent words? Does the application specify the development to which it relates (i.e. which category or categories in ss14-30 does the application scheme fall)? If the development does not fall within the categories in ss14-30, has a direction been given by the Secretary of State under s35 of the PA2008 for the development to be treated as development for which development consent is required?

Yes. Paragraph 1 of the Covering Letter (Doc 1.1) states: ‘TLSB is making the Application for a development consent order (“DCO”) to the Secretary of State for Energy and Climate Change (“Secretary of State”) under PA 2008. The DCO would authorise TLSB to construct and operate a 240 MW (nominal) tidal range powered generating station in and adjacent to Swansea Bay in Wales (the “Project”). Paragraph 2 continues: ‘The proposed output of the Project would be in excess of 100 MW’. Section 4 of the Application Form (Doc 1.2) states: ‘The project is an offshore generating station with a total installed electricity generating capacity in excess of 100 MW, it is a nationally significant infrastructure project for the purposes of sections 14(1)(a) and 15(3) of the Planning Act 2008 (PA 2008).’ This is above the thresholds defined in Section 15(3) of the PA2008.

Summary – s55(3)(a) and s55(3)(c) The Applicant has demonstrated that the application they have submitted is an application for an order granting development consent and that development consent is required for at least some of the development to

1 References in this document to the Secretary of State include references (where applicable) to the Planning Inspectorate Major Applications and Plans Directorate which

carries out functions related to consenting nationally significant infrastructure projects on behalf of the Secretary of State 2 NSIP is defined generally in s14 with the detailed thresholds for each of the specified categories being set out in ss15-30

3 Development consent is required for development to the extent that the development is or forms part of an NSIP (s31 of the PA2008)


which the application relates.

2. s55(3)(e) The applicant in relation to the application made has complied with Chapter 2 of Part 5 (pre-application procedure)

2.1 Did the applicant before carrying out the s42 consultation either (a) request the Secretary of State to adopt a screening opinion in respect of the development to which the application relates, or (b) notify the Secretary of State in writing that it proposed to provide an environmental statement in respect of that development4?

Yes. The applicant submitted a letter to the Planning Inspectorate on 15 October 2012 stating that they proposed to provide an Environmental Statement pursuant to Regulation 6(1)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (the EIA Regs). The applicant requested a scoping opinion pursuant to Regulation 8 of the EIA Regulations. The letter, and the Scoping Opinion, dated November 2012, can be found in Doc 8.7.

2.2 Have any adequacy of consultation representations5 been received from “A”, “B”, “C” and “D” authorities; and if so do they confirm that the applicant has complied with the duties under s42, s47 and s48?

Yes. Adequacy of Consultation responses have been received from the following:

City and County of Swansea Council (B),

Neath Port Talbot County Borough Council (B),

Bridgend County Borough Council (A), and

Brecon Beacons National Park Authority (A). City and County of Swansea Council stated the following: ‘The City and County of Swansea considers that Tidal Lagoon Swansea Bay Ltd has adequately consulted with the Local Planning Authority and provided adequate supporting information to comply with its duties to consult under Section 42 of the Planning Act 2008. Since this time Tidal Lagoon Swansea Bay Ltd has provided this Authority with a further non-statutory consultation opportunity with regards to the draft Environmental Statement. This adds weight to the aforementioned resolution.’

4 Regulation 6 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

5 S55(4) of the PA2008 provides that the Secretary of State must have regard to the consultation report, and any adequacy of consultation representations received


Bridgend County Borough Council stated the following: ‘The applicant has complied, in relation to the proposed application, with their duties in respect of Sections 42, 47 and 48 of the Planning Act 2008 (as amended by the Localism Act 2011)’. Neath Port Talbot County Borough Council confirmed that: ‘[This Council] would offer no objection to adequacy of consultation’. Brecon Beacons National Park Authority stated: ‘The applicant has complied with their consultation duties as required by the 2008 Act’.

s42: Duty to Consult

2.3 Did the applicant consult the following about the proposed application:

s42(1)(a) persons prescribed6? Yes. A review has been undertaken to ascertain if any s42(1)(a) consultees were omitted by the applicant. It appears that all prescribed bodies have been consulted. Chapter 7 of the Consultation Report (Doc 5.1) comprises the applicant’s approach to statutory consultation with statutory consultees. Section 42(1)(a)Consultation The applicant provided a list of statutory consultees consulted under s42(1)(a) in Appendix 3.1 of the Consultation Report (Doc 5.1). The information is detailed in a table and indicates as to which phase of the consultation process, that they were included. S42 consultation was carried out after non-statutory consultation (Phase 1) during Phase 2 of the consultation as set out below:

6 Statutory consultees set out in Schedule 1 of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009


PHASE 2: Statutory consultation:

Preferred Option & the PEIR (July to November 2013).

During Phase 1 of the consultation, the applicant sought a scoping opinion from the Planning Inspectorate under EIA Regulation 8.This information is provided in the Chapter 4 of the Consultation Report (Doc 5.1). All organisations from the Regulation 9 list of consultees provided by the Planning Inspectorate at scoping stage are shown as having been consulted. The table (Appendix 3.1 of the Consultation Report, Doc 5.1) contains the list of the statutory consultees identified by the applicant, and additional non-prescribed bodies identified by the Planning Inspectorate after the issue of the Regulation 9 list. The following additional parties have been consulted:

1. ARQIVA NO 3 Ltd 2. BNP Paribas 3. BP Retail 4. British Telecom plc 5. Cable & Wireless Ltd 6. CADW (Welsh Government) 7. Clean Coal (UCG) Limited 8. Design Commission for Wales (DCFW) 9. Gower AONB 10. Instalcom Ltd 11. Interoute 12. NATs En-Route (NERL) Safeguarding 13. Royal National Lifeboat Institution (RNLI) 14. South West Wales Integrated Transport Consortium (SWWITCH) 15. South West Wales Integrated Transport Consortium (SWWITCH)

/ Carmarthenshire County Council 16. SSE Utility Solutions 17. Swansea Bay Port Health Authority 18. Sustrans 19. Telefonica 02 UK Ltd


20. The Bristol Port Company 21. The Marine Management Organisation 22. The Ministry of Defence 23. The Welsh Language Commissioner 24. Verizon Business 25. Virgin Media Ltd 26. Vitesse Networks Ltd.

A sample notice of 1 July 2013 and the list of those consultees to whom the notice was issued are provided in Appendices 7.2 – 7.4 of the Consultation Report (Doc 5.1). TLSB originally consulted with Environment Agency Wales, Countryside Council for Wales and the Marine Consents Unit. These were merged into Natural Resources Wales (NRW) in April 2013 along with other bodies such as the Forestry Commission Wales. NRW comprises NRW Advisory and the NRW Marine Licensing Team (MLT) with which TLSB has been in communication with since April 2013.

s42(1)(b) each local authority within s437? Yes. This is documented in Chapter 7 of the Consultation Report (Doc 5.1). As detailed above, consultation in compliance with s42(1)(b) local authorities was carried out as part of Phase 2 of the Consultation. The applicant has provided a list of the relevant Local Authorities that were consulted in Appendix 3.1 of the Consultation Report (Doc 5.1), these are listed below: ‘B’ Local Authorities:

City and County of Swansea Council (CCSC)

Neath Port Talbot County Borough Council (NPTCBC)

7 Definition of “local authority” in s43(3): The “B” authority where the application land is in the authority’s area; the “A” authority where any part of the boundary of A’s

area is also a part of the boundary of B’s area; the “C” authority (upper tier) where the application land is in that authority’s area; the “D” authority where such authority

shares a boundary with a “C” authority


‘A’ Local Authorities:

Rhondda Cynon Taf County Borough Council

Powys County Council

Brecon Beacons National Park Authority

Bridgend County Borough Council

Carmarthenshire County Council

All local authorities, except for three ‘A’ authorities (Rhondda Cynon Taf County Borough Council, Powys County Council and Brecon Beacons National Park Authority) were additionally also consulted during Phase 1 non-statutory consultation.

s42(1)(c) the Greater London Authority (if in Greater London area)?

Not Applicable.

s42(1)(d) each person in one or more of s44 categories8? Yes. Chapter 10 of the Consultation Report (Doc 5.1) reports how the applicant has complied with requirements for consultation under s42(1)(d) – persons with an interest in the land. The consultation was based upon the evolving red line plan, from 22 August 2013 to 16 January 2014 (paragraph 7.1.1.10 of Chapter 7 of the Consultation Report (Doc 5.1) and was carried out in a number of phases throughout this period. Table 10.2 in Chapter 10 of the Consultation Report (Doc 5.1) details how the consultation was phased. The first phase of consultation was carried out 22 August 2013 – 23 September 2013. A second redline plan was produced and seven further rounds of consultation took place (some overlapping) between 23 September 2013 to 10 January 2014. Following this, a third and final red line plan was produced and consulted upon between 16 December 2013 and 16 January 2014. It should be noted that those consulted in these subsequent rounds consisted of further parties

8 Category 1: owner, lessee, tenant or occupier of land; Category 2: person interested in the land or has power to sell and convey the land or to release the land; Category 3:

person entitled to make a relevant claim. There is no requirement to check the accuracy of the list(s) or whether the applicant has made diligent inquiry


identified as a result of changes to the red line boundary plan. Persons with an interest in the land were added to newsletter distribution databases (unless otherwise instructed), and invited to local consultation events as they were identified. Paragraph 10.3.1.6 of Chapter 10 of the Consultation Report (Doc 5.1) states that consultees under s42(1)(d) were sent the red line plan, along with a cover letter and formal notices (provided in Appendices 10.4 and 10.5 of the Consultation Report, Doc 5.1) under Regulation 4 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 and Regulation 10 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009. The notices set out: i. the details of the consultation; ii. the response deadline (minimum 28 days after receipt of the consultation documents); and iii. the response address; the need for responses to be in writing, stating the grounds of the response, who is making the response, and their address for future correspondence. In checking whether all persons within one or more of the categories in s.42(1)(d) were consulted, the Planning Inspectorate noted a discrepancy between those names listed in Appendix 3.2, Appendix 10.4, Appendix 10.6 and Appendix 10.7 of the Consultation Report (Doc 5.1) and the Book of Reference (Doc 4.3). The following names/organisations appear in the Book of Reference but could not be traced through the consultation report: Bank of Scotland PLC Alan Flicker Patricia Flicker Family Housing Association (Wales) Lloyds Bank Nationwide Building Society


British Telecommunications plc The Coal Authority Through investigations, it would appear that a majority of these interests relate to Plot 01070 and the persons listed are Category 3 persons in the Book of Reference. British Telecommunications plc have rights over a number of plots as a Statutory Undertaker. A reference to a response from the Coal Authority was found in paragraph 7.4.11 of Chapter 7 of the Consultation Report (Doc 5.1) and the response was viewed in the responses provided by TLSB under Regulation 5(5). This provides evidence that the Coal Authority were consulted but omitted from the list. Statutory consultees listed in Appendix 7.4 (showing s42 (1)(d) notice) of the Consultation Report (Doc 5.1) match those in Appendix 3.1 except for St Modwen from the List of people with an interest in the land (s42(1)(d)) in Appendix 3.2, where there are two entries: St Modwen Properties IV Sarl and St. Modwen Properties PLC. Both are listed in the Book of Reference (Doc 4.3) as having an interest in the land. TLSB note in the Consultation Report (Appendix 3.2, Doc 5.1) that a list of those consulted as people with an interest in the land (PILs) is found in the Book of Reference submitted with this application (Doc 4.3). It is therefore assumed that the discrepancies are due to inconsistent updating of the various application documents, that the persons listed above did not have an interest falling within one or more of the categories in s.44 at the time that the consultation took place, and/or they have subsequently been identified as additional entities through the consultation. Section 51 advice will be given seeking clarification on this point and if necessary, suggested remedial actions.


s45: Timetable for s42 Consultation

2.4 Did the applicant notify s42 consultees of the deadline for receipt of consultation responses; and if so was the deadline notified by the applicant 28 days or more starting with the day after receipt of the consultation documents?

Yes. TLSB set out their approach to s42 consultation in Chapter 7 of the Consultation Report (Doc 5.1). The applicant notified s42 consultees of the deadline for receipt of consultation responses in a letter dated 1 July 2013, contained in Appendix 7.4 of the Consultation Report (Doc 5.1). The date given for responses was ‘on or before 5 August 2013’. This deadline was 35 days after 2 July 2013, allowing more than the minimum 28 days post the day of receipt for submitting the responses.

s46: Duty to notify Secretary of State of proposed application

2.5 Did the applicant supply information to notify the Secretary of State of the proposed application; and if so was the information supplied to the Secretary of State on or before the date it was sent to the s42 consultees? Was this done on or before commencing consultation under s42?

Yes. DLA Piper UK LLP on behalf of the applicant supplied information to notify the Secretary of State of the proposed application (s46 notification) in a letter dated 1 July 2013. This is contained in Appendix 7.1 of the Consultation Report (Doc 5.1). The s42 consultees were also notified in a letter dated 1 July 2013. This sample letter is contained in Appendices 7.3 and 7.4 of the Consultation Report (Doc 5.1). This was accompanied by the Preliminary Environmental Information Report (PEIR) and Non-Technical Summary (NTS) in hard and electronic version. The applicant states in paragraph 2 of the letter of 1 July 2013 that TLSB were now commencing formal pre-application consultation.


s47: Duty to consult local community

2.6 Did the applicant prepare a statement of community consultation (SOCC) on how it intended to consult people living in the vicinity of the land?

Yes. The Statement of Community Consultation was agreed during Phase 2A of the consultation. This followed Phase 1 consultation which was non-statutory during the period of March 2011 to June 2013. Chapter 6 of the Consultation Report (Doc 5.1) deals with the Phase 2A: Statutory consultation, defining and publicising the statutory consultation. Under s47 the applicant prepared an early draft Statement of Community Consultation (SoCC) through consultation with the host local authorities: The City and County of Swansea Council (CCSC) and Neath Port Talbot County Borough Council (NPTCBC) in April 2012, during Phase 1A of non-statutory consultation (paragraph 6.2.1 of Chapter 6). ‘However, TLSB decided that the project was not yet ready for statutory consultation with local communities at that stage and postponed agreement of the SoCC until the following year’ (as per paragraph 6.2.1.2 of the Chapter 6 of the Consultation Report, Doc 5.1) and therefore a SoCC was not published at this point. The Applicant prepared the final (draft 1) version of the SoCC for formal consultation on 18 February 2013, allowing 28 days for comments. In response to these comments, the applicant provided a revised SoCC (draft 2) on 13 April 2013 (parts 6.2.2 and 6.2.3 of Chapter 6 of the Consultation Report, Doc 5.1) allowing another 28 days for comments. The finalised version included informal comments from CCSC and NPTCBC. The covering letter, seeking comments from the local authorities on the final draft SoCC, can be found in the Appendix 6.1 of the Consultation Report (Doc 5.2). The document ‘Draft consultation and SoCC’ is in Appendix 6.2 of the Consultation Report (Doc 5.1).


The local authorities CCSC and NPTCBC agreed the SoCC and Consultation Strategy with the applicant by 15 May 2013 (paragraph 6.2.3 of the Chapter 6 of the Consultation Report, Doc 5.1). The Final SoCC was published on 26 June 2013 (Appendix 6.4 of the Consultation Report, Doc 5.1).

2.7 Were “B” and (where relevant) “C” authorities consulted about the content of the SOCC; and if so was the deadline for receipt of responses 28 days beginning with the day after the day that “B” and (where applicable) “C” authorities received the consultation documents?

Yes. The applicant consulted the relevant ‘B’ authorities which are:

City and County of Swansea Council (CCSC), and

Neath Port Talbot County Borough Council (NPTCBC).

Both Councils have been consulted on the content of SoCC (Chapter 6 of the Consultation Report, Doc 5.1). There are no ‘C’ authorities within the area of the project. The deadline given in the consultation covering letter dated 12 April 2013 was 15 May 2013 which is more than the statutory period of 28 days. (Appendix 6.1 of the Consultation Report, Doc 5.1).

2.8 Has the applicant had regard to any responses received when preparing the SOCC?

Yes. Appendix 6.3 of the Consultation Report (Doc 5.1) sets out the comments provided by the local authorities. The Planning Inspectorate, although not a consultee, also submitted comments upon request which have been included in the Appendix 6.3. The table of responses includes any actions that were taken through a response tracker indicating where comments were acted upon and the document revised. The applicant provided confirmation of local authorities’ sign off of the Statement of Community Consultation in the Appendix 6.5 of the Consultation Report, Doc 5.1).


Further to the request from the Planning Inspectorate on 12 February 2014 the applicant submitted all consultation responses which included comments on the SoCC from the City and County of Swansea Council (CCSC) and Neath Port Talbot County Borough Council (NPTCBC).

2.9 Has the SOCC been made available for inspection in a way that is reasonably convenient for people living in the vicinity of the land; and has a notice been published in a newspaper circulating in the vicinity of the land which states where and when the SOCC can be inspected?

Yes. The final SoCC was published on 26 June 2013 in the South Wales Evening Post and the Western Mail (Appendix 6.7 of the Consultation Report, Doc 5.1), in advance of statutory consultation with local communities commencing on 4 July 2013. This was in the form of a notice containing a condensed SoCC. The SoCC published under section 47(6) of the PA 2008 listed the deposit locations where people living in the vicinity of the Project could inspect the document. The deadline of 5 August 2013 for receiving the responses to the consultation under s47 was given. This was the same consultation period as for s42(1)(a) and s42(1)(b) and s48 publicity.

2.10 Does the SOCC set out whether the development is EIA development9; and does it set out how the applicant intends to publicise and consult on the preliminary environmental information?

Yes. The SoCC (Appendix 6.7 of the Consultation Report, Doc 5.1) states that the Project falls within the scope of the Environmental Impact Assessment Directive (page 2 of the final SoCC, Appendix 6.4 of the Consultation Report, Doc 5.1). The applicant stated the following: ‘Because of its size and location, the Project falls within the remit of scope of the Environmental Impact Assessment Directive, meaning that an Environmental Impact Assessment (EIA) must be carried out…..As part of this consultation exercise TLSB is publishing a Preliminary Environmental Information Report (PEIR) and Non-Technical Summary (NTS). This PEIR is available from 4 July 2013 and TLSB must consult on it before it can make its

9 Regulation 10 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009


application for a DCO.TLSB will supply copies of the PEIR to legally defined consultees. A copy of the PEIR is also available for others for a charge. Otherwise you can review a copy freely at the venues listed below or on TLSB’s website: www.tidallagoonswanseabay.com.’ A copy of the PEIR and the NTS is available at Appendix 7.6 of the Consultation Report (Doc 5.1). The deposit locations for the documents and the events held are detailed at Appendix 7.7 of the Consultation Report (Doc 5.1). Responses received in relation to the PEIR are listed in Paragraph 7.4.1 of the Consultation Report (Doc 5.1) and Appendix 7.9 of the Consultation Report (Doc 5.1).

2.11 Has the applicant carried out the consultation in accordance with the SOCC?

Yes. The SoCC (Appendix 6.4 of the Consultation Report, Doc 5.1) lists the methods the applicant will use during the consultation process, such as:

Project website – with the available documents, plans and maps showing the nature and location of the Project,

Use of the Website and changes made are listed in Appendix 7.8 of the Consultation Report (Doc 5.1).

Questionnaire / comments form – to be sent to businesses and residential properties most likely to be affected by the development,

An example of the questionnaire is provided at Appendix 9.2 and the responses received from it are reported in Appendix 9.3 of the Consultation Report (Doc 5.1).

Newsletter - to be sent to businesses and residential properties most likely to be affected by the development, posted on the Project website, and made available to the wider community at local libraries, council

http://www.tidallagoonswanseabay.com/


offices and tourist information centres.

Media – press releases / advertisements.

Evidence of materials and cost of procurement are included at Appendices 5.6 and 9.4 of the Consultation Report (Doc 5.1). Additionally, paragraph 6.6.1.5 in Chapter 6 of the Consultation Report (Doc 5.1) provides information in relation to the use of social media during the consultation process.

Public exhibitions – to be held at the locations around Swansea Bay.

Examples of boards are provided at Appendix 9.1 of the Consultation Report (Doc 5.1). .

Political engagement / Town and Community Council briefings – informing local politicians, councils and relevant community groups.

The applicant also stated that key documents will be translated into Welsh, and available in large print on request. It appears from these documents that consultation was carried out in conformity with the SoCC.

s48: Duty to publicise the proposed application

2.12 Did the applicant publish a notice, as required by Regulation 4(2) of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (the APFP Regulations):

(a) for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the proposed development would be situated;

Yes. Several s48 notices were published, Appendix 6.13 (pages 22-25) of the Consultation Report (Doc 5.1) provides dated copies of these. The newspaper notices from the South Wales Evening Post on 13 and 20 September 2013 demonstrate compliance with APFP Regulation 4(2)(a).


(b) once in a national newspaper; Yes. Appendix 6.13 (Pages 3-4) of the Consultation Report (Doc 5.1) provides a dated copy of a notice published in the Independent on 26 June 2013.

(c) once in the London Gazette and, if land in Scotland is affected, the Edinburgh Gazette; and

Yes. Appendix 6.13 (Pages 5-6) of the Consultation Report (Doc 5.1) provides a dated copy of a notice published in the London Gazette on 26 June 2013.

(d) where the proposed application relates to offshore development –

(i) once in Lloyds List; and (ii) once in an appropriate fishing trade journal?

Yes. Appendix 6.13 of the Consultation Report (Doc 5.1) (Pages 7-8) provides a dated copy of a notice published in Lloyd’s List, and Appendix 6.13 (Pages 11-13) provides a dated copy of a notice published in Sea Angler (monthly fishing magazine) on 4 July 2013. The copy enclosed in Appendix 6.13 cannot be read in the version supplied to the Planning Inspectorate. There is no reason to assume that this was the case when published originally. A further notice was published in Fishing News on 27 September 2013 (Pages 31-32 of Appendix 6.13) which is legible and therefore satisfies the APFP regulation 4(3)(d)(ii).

2.13 Did the notice include, as required by Regulation 4(3) of APFP Regulations:

(a) the name and address of the applicant; Yes. The name and address of the applicant is stated in the first paragraph of the notice a copy of which can be found in Appendix 6.12 of the Consultation Report (Doc 5.1).

(b) a statement that the applicant intends to make an application for development consent to the Secretary of State;

Yes. This is stated in the first paragraph of the notice a copy of which can be found in Appendix 6.12 of the Consultation Report (Doc 5.1).


(c) a statement as to whether the application is EIA development; Yes. This is stated in the third paragraph of the notice a copy of which can be found in Appendix 6.12 of the Consultation Report (Doc 5.1).

(d) a summary of the main proposals, specifying the location or route of the proposed development;

Yes. The location of the development is stated in the first paragraph of the notice a copy of which can be found in Appendix 6.12 of the Consultation Report (Doc 5.1). A summary of the main proposals is listed in the second paragraph of the notice.

(e) a statement that the documents, plans and maps showing the nature and location of the proposed development are available for inspection free of charge at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice;

Yes. The third paragraph of the notice a copy of which can be found in Appendix 6.12 of the Consultation Report (Doc 5.1) states that the Preliminary Environmental Information Report (PEIR), Non-Technical Summary (NTS) and Redline Plan will be available to view free of charge at Suite 6, J-Shed, Swansea SA1 8PL, and 9 other locations (all in the vicinity of the development), from 27 September to at least 29 October 2013. Addresses and opening times are listed.

(f) the latest date on which those documents, plans and maps will be available for inspection (being a date not earlier than the deadline in sub-paragraph (i));

Yes. The Copies of newspaper notices are presented in the Doc 1.3 (a separate document) and in the Appendix 6.12 of the Consultation Report (Doc 5.1). TLSB notified under s48, a number of times. Each time a date was set that was at least 28 after the publication. The final s48 notice (Appendix 6.12), which was the notice satisfying the regulations, by being printed in the newspaper in two consecutive weeks, states that the Preliminary Environmental Information Report (PEIR), Non-Technical Summary (NTS) and Redline Plan will be available to view at the stated locations and within the stated times from 27 September 2013 to at least 29 October 2013. The notice has been published in English and Welsh.


(g) whether a charge will be made for copies of any of the documents, plans or maps and the amount of any charge;

Yes. The copy of notice which can be found in Appendix 6.12 of the Consultation Report (Doc 5.1) states that ‘a reasonable charge may be made for copies’ of the documents.

(h) details of how to respond to the publicity; and Yes. The notice which was published in English and Welsh (Appendix 6.12 of the Consultation Report, Doc 5.1) states that ‘any responses to or other representations in respect of the project’ should be sent to the applicant at the address/email provided.

(i) a deadline for receipt of those responses by the applicant, being not less than 28 days following the date when the notice is last published?

Yes. The notice a copy of which can be found in Appendix 6.12 of the Consultation Report (Doc 5.1) states that ‘any response or representation MUST i) be received by the applicant on or before 29 October 2013, ii) be made in writing, iii) state the grounds of the response or representation, iv) indicate who is making the response or representation, and v) give an address to which the correspondence relating to the response or representation may be sent’. The latest date of publication of the notice (Appendix 6.12 of the Consultation Report, Doc 5.1) was 27 September 2013 in Fishing News (see 2.12 (d)) the period to 29 October 2013 is 32 days.

2.14 Has a copy of the s48 notice been sent to the EIA consultation bodies and to any person notified to the applicant in accordance with Regulation 9(1)(c) of The Infrastructure

Yes. Appendices 7.2 to 7.4 of the Consultation Report (Doc 5.1) show


Planning (Environmental Impact Assessment) Regulations 2009 (the EIA Regulations)10?

examples of the s.48 notice issued to:

The Local Authorities, dated 1 July 2013, giving a deadline for receipt of responses of 5 August 2013, these are listed at Appendix 7.3 of the Consultation Report (Doc 5.1),

The Statutory Consultees, including Natural Resources Wales (NRW) and the Joint Nature Conservation Committee, and Gower Area of Outstanding Natural Beauty, dated 1 July 2013, giving a deadline for receipt of responses of 5 August 2013 these are listed at Appendix 7.4 of the Consultation Report (Doc 5.1).

This notice reflects the time periods provided to statutory consultees under Phase 2B consultation.

Gower Area of Outstanding Natural Beauty (AONB) was not included in the Regulation 9 list; however, it was consulted by the applicant during Phase 2 statutory consultation between July and November 2013. It appears therefore that all relevant prescribed consultation bodies have been sent the s48 notice.

s49: Duty to take account of responses to consultation and publicity

2.15 Has the applicant had regard to any relevant responses to the s42, s47 and s48 consultation?

Yes. In Chapters 7, 8, 9 and 10 of the Consultation Report (Doc 5.1) the applicant detail their s42 and s47 consultation responses received and their regard to the responses (Chapter 7: Statutory consultees, Chapter 8: non-statutory bodies, Chapter 9: Local Community and Chapter 10: ‘People with an interest in the land’).

10

Regulation 11 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009


S42 consultation: Preliminary Environmental Information Appendix 7.9 of the Consultation Report (Doc 5.1) details the statutory consultation in relation to the written responses to the Preliminary Environmental Information Report (PEIR) and the red line boundary with statutory consultees and non-statutory bodies. These responses were received between 4 July and 5 August 2013 as part of s42(1)a and s42(1)(b) consultation. Responses and actions are summarised in the following way: Column 1: the type of consultee Column 2: the organisation Column 3: the date the response was received Column 4: the summarised response. Column 5: the applicant lists their “Regard to s49: TLSB actions undertaken / ongoing / future actions”. The table is split into 23 sections covering 23 chapters of the Environmental Statement that the responses relate to. The majority of their answers are re-assurances that they are or have already presented the information in the way the respondent required. There are a few slight amendments to text of documents which the respondent has suggested. Phase 2B: Statutory consultation, “preferred option and the PEIR” Appendix 8 and Chapter 8: It should be noted that Chapter 8 and Appendix 8 as supplied to the Planning Inspectorate appear to contain identical information and are replicated in both the Consultation Report (Doc 5.1) and the Consultation Report Appendices (Doc 5.1).


Appendix 8 and Chapter 8 list the summaries of responses and TLSB’s comments on the responses, from Phase 2B of the statutory consultation, “preferred option and the PEIR”, non-statutory bodies. Appendix / Chapter 8.4 of the Consultation Report (Doc 5.1) details Phase 2B: Statutory consultation, “preferred option and the PEIR”, non-statutory bodies.

S47 Consultation

Local community

Appendix 9.5 of the Consultation Report (Doc 5.1) details in table form

Statutory Consultation: Written Responses to the period of statutory

consultation from s47 consultees: Members of the public and other individuals.

This table contains comments recorded between 4 July 2013 – 5 August 2013.

It is split into sections with titles: Benefits to the community, Construction and

engineering, Consultation, Education, Energy and renewables, Environmental

impact, Finance & investment, Jobs & economic development, Masterplanning,

Sports leisure & amenities, Visual impacts, and Other.

The table is laid out as follows:

Column 1: Name of person or organisation

Column 2: Type of consultee

Column 3: Type of engagement

Column 4: Comment

Column 5: TSLB response

S44 Consultation:

People with an Interest in the Land

Appendix 10.6 of the Consultation Report (Doc 5.1) details in table form:


Statutory Consultation Written responses to s48 notice from people with an

interest in the land – PIL (s.42(1)(d)). This consultation period reflects that set

out in the final s48 notice.

This starts with a list of the type of consultee in column 1 and the dates they

were consulted in column 2.

It continues as 4 columns:

Column 1: Organisation

Column 2: Date

Column 3: Consultee response

Column 4: TLSB comment

In paragraphs 20 to 25 of the covering letter, the applicant states that they

have had regard to the consultees’ views on the consultation undertaken,

including the issue of Riparian Rights of owners along the Rivers Tawe and

Neath.

Guidance about pre-application procedure

2.16 To what extent has the applicant had regard to DCLG guidance ‘The Planning Act 2008: Guidance on the pre-application process’11?

Yes. The applicant has had proper regard to guidance and has followed the Advice Note 6. The applicant submitted the covering letter which is enclosed within the Application Form Functions (Doc 1.1). The letter explains how TLSB had regard to DCLG guidance on the various stages of their pre-application consultation in paragraphs 5 (5.1 to 5.4) and 6 (6.1 to 6.6). In paragraph 14 of this letter the applicant states that they have complied with

11

The Secretary of State must have regard to the extent to which the applicant has had regard to guidance issued under s50


chapter 2 of Part 5 (pre Application Procedure) of the Planning Act 2008.

Summary - s55(3)(e) The applicant has satisfied the consultation requirements contained in chapter 2, part 5 of the 2008 Planning Act as set out above. Where rectifiable inconsistencies have been noted, s51 advice will be issued seeking clarification or correction as appropriate.

3. s55(3)(f) and s55(5A) The application (including accompaniments) achieves a satisfactory standard having regard to the extent to which it complies with section 37(3) (form and contents of application) and with any standards set under section 37(5) and follows any applicable guidance under section 37(4)

4.

3.1 Is it made in the prescribed form as set out in Schedule 2 of the APFP Regulations, and does it include:

a brief statement which explains why it falls within the remit of the Secretary of State; and

a brief statement that clearly identifies the location of the application site, or the route if it is a linear scheme?

Yes.

The application is made in the prescribed form as set out in Schedule 2 of the

APFP Regulations (Application Form, Doc 1.2). Paragraph 4 states the

Application Form falls within the remit of the Secretary of State.

Paragraph 6 of the Application Form ‘Location or Route of the Development

Proposal’ explains and describes the site as a single site rather than a linear

site.

Additionally the applicant’s Explanatory Memorandum to the Draft DCO (Doc

3.2) in paragraphs 4 – 8 contain a description of the project at paragraph 4:

‘The Purpose of the Order’ and in paragraph 8 gives the proposed energy

output as being when constructed in excess of 100MW and that it is therefore

classified as a Nationally Significant Infrastructure Project.

3.2 Is it accompanied by a consultation report? Yes. The application is accompanied by the Consultation Report, comprising a Consultation Report and Appendices (Doc 5.1).


3.3 Is it accompanied by the documents and information set out in APFP Regulation 5(2) and listed below:

(a) where applicable, the environmental statement required under the EIA Regulations and any scoping or screening opinions or directions;

Documents making up the Environmental Statement (ES): 6.1 – Non-Technical Summary 6.2 – Environmental Statement (ES) 6.3 – Figures 6.4 – Technical Appendices Chapter 4 of the Environmental Statement (Doc 6.2) provides information on the location, size and design of the development. There are some discrepancies between the dimensions given for some components within the Environmental Statement and those in the DCO. However, the Environmental Statement meets the requirements of Part 2 of Schedule 4 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009.Where different design options remain, it appears that these have been assessed as part of the EIA. Further clarity will be required on the assessment of the dredging options. In this regard s51 advice will be issued to the applicant post-Acceptance. An outline of the alternatives considered is provided in Chapter 3 of the Environmental Statement (Doc 6.2). Each environmental topic chapter provides a ‘Methodology’ section which explains the methods of assessment and the approach taken to gather data. The impact assessment is presented within the main text of the Environmental Statement (Doc 6.2); and is supported by data presented in the Environmental Statement Figures (Doc 6.3) and the Technical Appendices (Doc 6.4). A summary of the Mitigation and Monitoring Proposals is presented in Chapter 23 of the Environmental Statement (Doc 6.2). Table 23.1 in the Environmental Statement summarises how the mitigation and


enhancement measures would be secured by requirements in the DCO. Whilst a copy of the Scoping Opinion issued by the Secretary of State is not provided within the Environmental Statement (Doc 6.1 - 6.4), this has been provided as a separate application document (Doc 8.7).

(b) the draft proposed order; Yes. The draft Development Consent Order is provided at Doc 3.1. The applicant also submitted a copy of the application for a Marine Licence for Dredging and Disposal of Dredged Material, and a Marine Licence for Marine Energy Works (Doc 8.5). As the proposed development is in Welsh waters the application has been made to the Marine Licensing Team at Natural Resources Wales at the same time as the DCO application (Covering letter, paragraph 12, Doc 1.1).

(c) an explanatory memorandum explaining the purpose and effect of provisions in the draft order;

Yes. The Explanatory Memorandum to Draft DCO is provided at Doc 3.2 of the application.

(d) where applicable, a book of reference (where the application involves any compulsory acquisition);

Yes. Parts 1 – 5 of the Book of Reference are provided at Doc 4.3 of the application.

(e) a copy of any flood risk assessment; Yes. A Flood Consequence Assessment is provided (Doc 5.2). (In Wales, a Flood Risk Assessment is referred to as a Flood Consequence Assessment, the requirements for which are detailed in Planning Policy Wales Technical Advice Note 15: Development and Flood Risk (TAN 15)).

(f) a statement whether the proposal engages one or more of the Yes.


matters set out in section 79(1) of the Environmental Protection Act 1990 (statutory nuisances) and if so how the applicant proposes to mitigate or limit them;

A statement in respect of statutory nuisance is provided (Doc 5.7).

(g) any report identifying any European site(s) to which regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994 12 applies; or any Ramsar site(s), which may be affected by the proposed development, together with sufficient information that will enable the Secretary of State to make an appropriate assessment of the implications for the site if required by regulation 48(1);

Yes. A Report to inform Habitat Regulations Assessment (HRA) is provided (Doc 5.5a) with accompanying Appendices (Doc 5.5b) and Figure (Doc 5.5c). The Screening and integrity matrices are provided in Appendices 3 and 4 (Doc 5.5b) The screening matrices list 19 European sites, and the integrity matrices take forward to assessment 9 European sites that could be subject to a likely significant effect as a result of the development. The integrity matrices (Appendix 4 of Doc 5.5b) cross refer to the main text of the Report to Inform the Habitats Regulations Assessment (Doc 5.5a) and various chapters of the Environmental Statement (Doc 6.2). A conclusion is reached that there would be no adverse effect on the integrity of any Natura 2000 sites and features as a result of the development, alone or in-combination with other plans and projects. The Report describes discussions with NRW concerning the Habitats Regulations Assessment The most recent discussions with NRW are set out in the Consultation Report (Doc 5.1), with a summary of how the latest consultation responses from NRW have been taken into account at Appendix 11.3 of the Consultation Report (Doc 5.1). Correspondence from the applicant to NRW of 5 February 2014 appended to the letter accompanying the application (Doc 1.1) recognises that ‘NRW would need to reserve its right to comment on the adequacy of the assessment until it had received a copy of the final submissions.’ NRW’s undated email response effectively reserves its position in this respect.

12

Now Regulation 61 of the Conservation of Habitats and Species Regulations 2010 SI2010/490.

http://www.legislation.gov.uk/uksi/2010/490/pdfs/uksi_20100490_en.pdf


The information provided in the Applicant’s HRA Report (Doc 5.5) appears to be adequate for the assessment. It does, however, remain the Applicant’s risk that project data about the effects of the scheme which may have an adverse effect on integrity may emerge during the examination with insufficient time to assess those effects during the statutory timetable.

(h) a statement of reasons and a funding statement (where the application involves any compulsory acquisition);

Yes. The Statement of Reasons (Doc 4.1) and the Funding Statement (Doc 4.2) have been provided.

(i) a land plan identifying:- (i) the land required for, or affected by, the proposed

development; (ii) where applicable, any land over which it is proposed to

exercise powers of compulsory acquisition or any rights to use land;

(iii) any land in relation to which it is proposed to extinguish easements, servitudes and other private rights; and

(iv) any special category land and replacement land;

Yes. (i) A Land Plan is provided showing the land required for, or affected by, the proposed development (Land Plans, Doc 2.1) (ii) any land over which it is proposed to exercise powers of compulsory

acquisition or any rights to use land:

and

(iii) any land in relation to which it is proposed to extinguish easements,

servitudes and other private rights;

Land Plans (Doc 2.1), Sheets 1 - 18 have the following land descriptions and

colour coding:

Land to be acquired: pink

Temporary land: blue

New Rights to be acquired: yellow

Additionally, Sheet 4 of the Land Plans (Doc 2.1) shows plots which are ‘land

not to be acquired or used’, coloured in brown. However, there is no specific

information provided in the Plans in relation to easements, servitudes and


other private rights which are proposed to be extinguished.

(iv) any special category land and replacement land;

Land Plans (Doc 2.1), Sheets 1 - 18 have the following land descriptions and

colour coding:

Crown Land: green castellated hatching

Open space land: green cross hatching

(j) a works plan showing, in relation to existing features:- (i) the proposed location or (for a linear scheme) the proposed

route and alignment of the development and works; and (ii) the limits within which the development and works may be

carried out and any limits of deviation provided for in the draft order;

Yes. A Works Plan is provided showing the proposed location (i) and the limits within which the development and works may be carried out and any limits of deviation provided for in the draft order (ii). Work Plans and Sections (Doc 2.2) The Works Plans comprise of: Work Key Plan (Doc 2.2.1) - Sheets 2.2.2 to 2.2.10 Docs Marine Works Seawall Sections (Docs 2.2.11 to 2.2.16) Marine Works Safety Zone (Doc 2.2.29)

(k) where applicable, a plan identifying any new or altered means of access, stopping up of streets or roads or any diversions, extinguishments or creation of rights of way or public rights of navigation;

Yes. Any new or altered means of access, stopping up of streets or roads or any diversions, extinguishments or creation of rights of way or public rights of navigation are identified on the following plans: Work Plans and Sections (Doc 2.2) Access and Public Rights of Way Key Plan (Doc 2.2.17) Access and Public Rights of Way (Docs 2.2.18 to 2.2.28)


Planning Drawings (Doc 2.4) Typical Queens Dock Access Road Plan and Section (Doc 2.4.18) Improvement Works to existing Highway Fabian Way Junction 3 – General Arrangement (Doc 2.4.37) TLP Access Road and Construction Access Road – General Arrangement (Doc 2.4.38) ABP Junction Arrangement – General Arrangement (Doc 2.4.39)

(l) where applicable, a plan with accompanying information identifying:- (i) any statutory/non-statutory sites or features of nature

conservation e.g. sites of geological/ landscape importance; (ii) habitats of protected species, important habitats or other

diversity features; and (iii) water bodies in a river basin management plan, together with

an assessment of any effects on such sites, features, habitats or bodies likely to be caused by the proposed development;

(i) Statutory Designated Sites (Doc 2.3.1) identifies the following statutory designations within the site and/or the surrounding area:

Special Areas of Conservation

Special Protection Areas

Ramsar sites

Sites of Special Scientific Interest

National Nature Reserves

Local Nature Reserves

Heritage Coasts and;

Areas of Outstanding Natural Beauty. (ii) Habitats (Doc 2.3.2) identifies the natural habitats and non-statutory features of nature conservation importance within the site and the surrounding area. (iii) Water Framework Directive (Doc 2.3.3) identifies the coastal and estuarine water bodies within the site and the surrounding area.

(m) where applicable, a plan with accompanying information identifying any statutory/non-statutory sites or features of the historic environment, (e.g. scheduled monuments, World Heritage sites, listed buildings, archaeological sites and registered battlefields) together with an assessment of any

A Historic Environment Report is provided as Doc 5.3. Figure 1 of this Report identifies listed buildings of all grades and Scheduled Ancient Monuments within the onshore area of the site and the surrounding area.


effects on such sites, features or structures likely to be caused by the proposed development;

Figure 2 of this Report identifies known archaeological features within the offshore area of the site and the surrounding area. None of these features are statutory or non-statutory designations.

(n) where applicable, a plan with any accompanying information identifying any Crown land;

Yes. Crown Land is identified on the following plan: Crown Land (Doc 2.1.2). This plan is provided as part of the Land Plans (Doc 2.1).

(o) any other plans, drawings and sections necessary to describe the development consent proposal showing details of design, external appearance, and the preferred layout of buildings/structures, drainage, surface water management, means of vehicular and pedestrian access, any car parking and landscaping;

Yes. Planning Drawings (Doc 2.4): Masterplan Key Plan (Doc 2.4.1) Masterplan Detail Scale: (Docs 2.4.2 - 2.4.7; Sheets 1 to 6) Western Landfall Plan (Doc 2.4.8) Western Landfall Vegetation (Doc 2.4.9) Western Landfall Sections (Doc 2.4.10) Western Landfall Sections (Doc 2.4.11) Eastern Landfall Plan (Doc 2.4.12) Eastern Landfall Sections (Doc 2.4.13) Offshore Building Public Realm Plan (Doc 2.4.14) Offshore Building Public Realm Sections (Doc 2.4.15) Saltmarsh Plan (Doc 2.4.16) Saltmarsh Sections (Doc 2.4.17) Typical Lagoon Wall treatment Plan and Section (Doc 2.4.19) Spectator Terrace Plan and Section (Doc 2.4.20) Halfway Point Plan and Section (Doc 2.4.21) Typical Fence and Gate Details (Doc 2.4.22) Marine Works – Lagoon Water Shuttle (Doc 2.4.23) Marine Works – Turbine Houses and Sluices General Arrangement (Doc 2.4.24) Marine Works – 7m Turbine House Typical Section (Doc 2.4.25) Marine Works – Sluice House Typical Section (Doc 2.4.26) Marine Works – Turbine and Sluice Gate Housing Elevation (Doc 2.4.27)


HV Cable Route and Utilities (Doc 2.4.28 – 2.4.35; Sheets 1 to 8) HV Cable Route Typical Details (Doc 2.4.36) Marine Works – Dredging General Arrangement (Doc 2.4.40) Demolition(s) Key Plan (Doc 2.4.41) Demolition(s) Plan (Docs 4.42 -2.4.44; Sheets 1 to 3) GA Elevations (Doc 2.4.45) GA Sections (Doc 2.4.46) GA Plans (Doc 2.4.47) Proposed Plan: Basement 2 (Doc 2.4.48) Proposed Plan: Basement 1 (Doc 2.4.49) Proposed Plan: Ground Floor (Doc 2.4.50) Proposed Plan: First Floor (Doc 2.4.51) Proposed Plan: Second Floor (Doc 2.4.52) Proposed Plan: Roof (Doc 2.4.53) Proposed Section A-A (Doc 2.4.54) Proposed Section B-B (Doc 2.4.55) Proposed Section C-C (Doc 2.4.56) Proposed Elevations (Doc 2.4.57) Proposed Drawings: Burrows Information Centre (Doc 2.4.58)

(p) any of the documents prescribed by Regulation 6 of the APFP Regulations13;

6.(1) if the application is for the construction or extension of a generating station the application must be accompanied by- (b) if the application is for an offshore generating station –

(i) details of the proposed route and method of installation for any cable; and (ii) a statement as to whether applications will be made for safety zones.

Yes. The applicant has provided the following documents prescribed by the Regulation 6 of the APFP Regulations:

A Cable and Grid Connection Statement (Doc 7.1) - under Reg 6(1)(b)(i)

A Safety Zone Statement (Doc 7.2) – under Reg 6(1)(b)(ii)

A Statement of Recreational Amenity (Doc 7.3) - under Reg 6(6). The applicant in section 22 of the Application Form (Doc 1.2) states that Regulation 6(6) of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 applies. This and other points will

13

These are documents which are relevant to specific types of project (generating stations, highway related development, railways, harbour facilities, pipelines, hazardous

waste facilities, dam or reservoirs). Confirm in each case the type of project and the relevant documents which must be included with the application in each case


be picked up in section 51 advice issued with this document.

(q) any other documents considered necessary to support the application; and

Yes. Section 23 of the Application Form (Doc 1.2) states that the following additional documents have been submitted: Masterplan (key plan and detail), including indicative sections for structures; arrangement and sections of marine works; cable route and utilities plans; improvements to access plans and junction arrangements; indicative elevations and general arrangement of all buildings, onshore and offshore, comprised in the development (Doc 2.4.1 to 2.4.58) List of Other Consents and Licences Required (Doc 5.4) Design and Access Statement (Doc 8.1) Planning Statement (Doc 8.2) Water Framework Directive Assessment (Doc 8.3) Table of mitigation and where secured (Doc 8.4) Copy of Welsh Marine Licence application forms and draft licences (Doc 8.5) Development Consent Obligation Heads of Terms (Doc 8.6)

(r) if requested by the Secretary of State, three paper copies of the application form and other supporting documents and plans.

Yes. Three paper copies of the application form and other supporting documents and plans have been provided on 7 February 2014. The applicant has also submitted copies of the application on CDs.

3.4 Are the plans, drawings or sections submitted A0 size or smaller, drawn to an identified scale (not smaller than 1:2500) and, in the case of plans, show the direction of north14? NB:- It is not intended that information provided in other documents,

Yes. The plans, drawings or sections are submitted A0 size or smaller, drawn to an identified scale and, in the case of plans, show the direction of North, as per Regulation 5(3) of the Infrastructure Planning (Applications: Prescribed

14

Regulation 5(3) of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009


such as any Environmental Statement submitted, should be duplicated. It is possible therefore to cross refer to the location of relevant information – see DCLG Guidance on application forms paragraphs 33 – 38.

Forms and Procedure) Regulations 2009. Several drawings of multiple sections and/or elevations have multiple scales and are described as ‘As Shown’.

3.5 Where a plan comprises three or more separate sheets has a key plan been provided showing the relationship between the different sheets15?

Yes. As listed in sections 3.3 (i), (j), (k) and (o) above.

3.6 Has the applicant had regard to DCLG guidance ‘Planning Act 2008: Application form guidance’, and has this regard lead to the application being prepared to a standard that the Secretary of State considers satisfactory?

Yes.

The applicant has had regard to DCLG guidance ‘Planning Act 2008:

Application form guidance’.

The applicant states at paragraph 8 of the Application Form (Doc 1.2) that

the format of the Application follows that set out in the Planning Inspectorate’s

Advice Note 6.

The applicant submitted the following as required in Advice Note 6:

An electronic index of the application documents by email

Own version of the s55 checklist (Doc 1.5)

A GIS shapefile in advance of application

An application fee of £4,500

The Non-Technical Summary of their Environmental Statement in Welsh as

well as English and their consultation Notices to newspapers in Welsh as

well as English as recommended in Advice Note 6/05: ‘Applications in

Wales’.

The applicant has followed Advice Note 6 in supplying documents bound in

folders, grouped as suggested in Appendix 1 of Advice Note 6, and have

formatted and numbered their documents and plans as suggested in Advice

Note 6.

15

Regulation 5(4) of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009


The applicant also state that they submitted 3 hard copies and 10 DVD copies

of the application, which is four more than that required in Advice Note 6.

Summary - s55(3)(f) and s55(5A) The applicant has submitted an application (including its accompaniments) that is of a standard that is considered to be satisfactory. S51 advice will be issued on points where clarity or correction may be appropriate.

The Infrastructure Planning (Fees) Regulations 2010 (SI106)

Fees to accompany an application

Was the fee paid at the same time that the application was made16?

Yes. The fee of £4,500 has been submitted by CHAPS/BACKS transfer and cleared on 3 February 2014.

Case Leader Katherine Chapman Katherine Chapman

Signed

Date: 6 March 2014

Acceptance Inspector Robert Upton Robert Upton

Signed

Date: 6 March 2014

16

The Secretary of State must charge the applicant a fee in respect of the decision by the Secretary of State under section 55. If the applicant fails to pay the fee, the Secretary

of State need not consider the application until payment is received by the Secretary of State. The fee payable is presently £4,500 and must be paid at the same time that the

application is made


Section 55 Acceptance of Applications Appendix One Application Checklist Tidal Lagoon Swansea Bay

A Legal Advice Withheld from publication as potentially falling within one or more of the following categories of information:- - excepted internal communications and / or - excepted because publication would adversely affect the course of justice and/or - exempted information protected by legal professional privilege

B Habitats Regulation Assessment Checklist Withheld from publication as potentially falling within one or more of the following categories of information:- - excepted internal communications and / or - excepted because publication would adversely affect the course of justice and/or - excepted because its publication would adversely affect the protection of the environment to which the information relates