The Electricity (Offshore Generating Stations) (Inquiries Procedure) (Wales) Regulations 2019

Receipt of statements of case etc.

12.—(1) The applicant must—

(a) ensure that within the period specified in paragraph (3), two copies of the applicant’s statement of case are received by the Welsh Ministers; and

(b) as soon as reasonably practicable after sending the statement of case to the Welsh Ministers, send a copy of it to every other person whom the applicant knows to be entitled to appear.

(2) The persons to whom this paragraph applies must—

(a) ensure that within the period specified in paragraph (3) two copies of their statement of case are received by the Welsh Ministers; and

(b) as soon as reasonably practicable after sending the statement of case to the Welsh Ministers, send a copy of it to every other person whom they know to be entitled to appear.

(3) Unless the Welsh Ministers specify another period by notice in writing, the periods within which statements of case must be received by the Welsh Ministers are—

(a) in the case of an applicant—

(i) where a pre-inquiry meeting is held, four weeks from its conclusion;

(ii) otherwise twelve weeks from the date of the relevant notice;

(b) in the case of any person to whom paragraph (2) applies—

(i) where a pre-inquiry meeting is held, six weeks from its conclusion;

(ii) otherwise fourteen weeks from the date of the relevant notice.

(4) The persons to whom paragraph (2) applies are—

(a) any qualifying planning authority;

(b) any qualifying objector who indicated in accordance with regulation 6(4)(b)(iv) that they were likely to want to be represented formally and to play a major part in the inquiry; and

(c) any other person required to send a statement of case in accordance with paragraph (5).

(5) The Welsh Ministers may in writing require any other person who has notified them of an intention or wish to appear at the inquiry, to send to the Welsh Ministers two copies of their statement of case and in this case the Welsh Ministers must—

(a) send to that person a statement of the matters referred to in regulation 4(1)(c); and

(b) as soon as practicable inform that person of the name and address of every person to whom that person’s statement of case is required to be sent.

(6) Where a relevant planning authority which is a local planning authority in Wales is required to send a statement of case under this regulation, that statement of case must include details of the time and location where the opportunity to inspect and take copies described in paragraph (13) is to be afforded.

(7) Any person referred to in paragraph (4)(a) or (b) must in their statement of case identify each part of the applicant’s statement of case with which they agree and each part with which they do not agree, and must state the reasons for each disagreement.

(8) The Welsh Ministers must deposit each statement of case and copies of any documents or relevant part of any documents as soon as practicable after receipt.

(9) The applicant and any person referred to in paragraph (4)(a) or (b), may in writing request from any other person who is required to provide a statement of case, a copy of any document, or of the relevant part of any document, referred to in the list of documents contained in that person’s statement of case; and any such document, or relevant part, must be sent, as soon as practicable, to the person who requested it.

(10) The Welsh Ministers or the inspector may in writing require any person, who has sent a statement of case in accordance with this regulation, to provide—

(a) a specified number of additional copies of the statement; or

(b) such further information about the matters contained in the statement as they may specify,

and must specify the time within which the copies or information must be received by them.

(11) Any person required to provide additional copies or further information must—

(a) ensure that the additional copies have been received by the Welsh Ministers or the inspector, within the specified time;

(b) ensure that two copies of the further information have been received by the Welsh Ministers or the inspector, within the specified time; and the Welsh Ministers or the inspector must, as soon as practicable after receipt, deposit that further information; and

(c) as soon as reasonably practicable after sending the further information to the Welsh Ministers or the inspector, send a copy of it to every other person whom the person providing the information knows to be entitled to appear.

(12) Any person who sends a statement of case to the Welsh Ministers must send with it a copy of—

(a) any document; or

(b) the relevant part of any document,

referred to in the list contained in that statement of case, unless a copy of the document or part of the document in question is already available for inspection pursuant to paragraph (13).

(13) Where the relevant planning authority is a local planning authority in Wales, they must afford to any person who so requests, a reasonable opportunity to inspect and, where practicable, take copies of—

(a) any statement of case, written comments, information or other document a copy of which has been deposited in accordance with this regulation; and

(b) the statement of case, if any, of the relevant planning authority and any written comments, information or other documents sent by the relevant planning authority pursuant to this regulation,

subject to the payment by that person of a reasonable charge.

(14) Where no part of the place to which an application relates is within the area of a relevant planning authority—

(a) paragraph (6) applies as if for “Where a relevant planning authority which is a local planning authority in Wales” there were substituted “Where an interested authority”;

(b) paragraph (13) applies as if for “Where the relevant planning authority is a local planning authority in Wales, they” there were substituted “The interested authority”.

(15) If any person who sends a statement of case under this regulation wishes to comment on another person’s statement of case they must—

(a) ensure that within four weeks of its receipt two copies of their written comments are received by the Welsh Ministers; and the Welsh Ministers must, as soon as practicable after receipt, deposit such comments; and

(b) as soon as practicable after sending their comments to the Welsh Ministers, send a copy of them to every other person whom they know to be entitled to appear.

(16) The Welsh Ministers must, as soon as practicable after receipt, send to the inspector any statement of case, document, or further information or written comments received by them in accordance with this regulation.