Article 27 Generating stations not within areas of relevant planning authorities

(1)

The modifications referred to in rule 1(3) are—

(a)

in rule 2(1)—

(i)

in the definition of “by local advertisement” for the words from “circulating in the” onwards substitute “which is likely to come to the attention of those likely to be affected by the consent applied for if it is given;”; and

(ii)

after the definition of “person entitled to appear at an inquiry” insert—

““place” means, unless the context otherwise requires, the place to which an inquiry relates, that is, the place where it is proposed to construct the generating station, where the proposed extension will be or where the station proposed to be operated is situated; ”;

(b)

in rule 9—

(i)

in paragraph (5)(c) for “near to the land” substitute “that it is likely to come to the attention of those likely to be affected by the consent applied for if it is given”;

(ii)

in paragraph (6)(a) for “land” substitute “place”; and

(iii)

in paragraph (6)(b) delete the words “in the locality” and after the words “can be inspected” insert “, which shall be the same location or locations where, under regulations 4(2) and 8 of the Electricity (Offshore Generating Stations) (Applications for Consent) Regulations 2006^f1, a copy of the application, and of the map referred to in it, can be inspected”; and

(c)

in rule 20 for “land”, wherever it appears, substitute “place”.

(2)

In addition to the modifications referred to in paragraph (1), where no part of the place to which an application relates is within the area of a relevant planning authority, the modifications referred to in rule 1(3) shall include—

(a)

in rule 2(1) after the definition of “inspector” insert—

““interested authority” means any body upon whom the applicant has served a notice of the application in accordance with regulation 6 of the Electricity (Offshore Generating Stations) (Applications for Consent) Regulations 2006^f2;”; and

(b)

in rules 2(4), 11(6) and 11(13) for “relevant planning authority”, wherever it appears, substitute “interested authority”.

Annotations

Footnotes

f1: S.I. 2006/2064.
f2: Regulation 6 provides for the service of a notice of a section 36 application on planning authorities likely to have an interest in the proposed development, where no part of the place to which the application relates is within the area of a relevant planning authority.