Clashindarroch Wind Farm
NOTE OF PRE-INQUIRY PROCEDURE MEETING HELD ON 23 NOVEMBER 2005
The following is a precis of the document which runs to 6 pages and 25 clauses. The full text of the document is available if required by contacting the webmaster.
Background to the Inquiry
1. The pre-inquiry meeting concerned the arrangements and procedures for the forthcoming Public Local Inquiry.
2. Mrs Jill Moody is the appointed Inquiry Reporter.
Recent events
3. AMEC Project Investment Ltd confirmed that a planning application had been submitted for an alternative site access. This is subject to the usual planning procedures unless called for by the Scottish Ministers and Mrs Moody has no locus in relation to the current application for an alternative access.
4. AMEC Project Investment Ltd also confirmed that they plan to support their case at the Inquiry with an updated environmental survey which should be publicly available in mid December. Mrs Moody agreed to accept this.
5. Moray Council advised that they had been in discussion with AMEC and had potentially overcome some of their objections. Their objection may be withdrawn in which case the Council would rest on their written submissions
6. All these matters were noted. The Inquiry would proceed as anticipated and dates were next agreed.
Participants and scope of evidence
7. For AMEC : Paul Cullen QC, 7 witnesses, evidence to take 4 days
8. For Aberdeenshire Council : Steven L Stuart, Advocate, 2 witnesses, half day.
9. For Moray Council : Christopher Kelly, Advocate, 2 witnesses, half day.
10. For Strathbogie Community Council : James Ingleby, half day.
11. For R. Deveron Salmon Fisheries Board & Deveron Bogie & Isla Trust : Malcolm Hay, 10 witnesses, 3 days.
12. Over and above this : 36 parties. 3 to be represented by Malcolm Hay, the rest individual
13. It was agreed that Strathbogie Community Council would be treated as a 'relevant person' under the Inquiries Procedures Rules.
14. All letters and consultation replies received so far will be taken into account in consideration of the proposal. People who made written submissions may attend the Inquiry to listen; they would not be able to question witnesses nor present oral submissions. Anyone intending to present oral evidence which would exceed 5-10 minutes must produce a precognition.
Issues before the Inquiry
15. The Inquiry is likely to be concerned with the following matters :
(A) Development plan policies
The extent to which the proposals conform to the provisions of the approved Aberdeen & Aberdeenshire Structure Plan 2001-2016 and the Moray equivalents. The implications of any subsequent reviews.
(B) National planning policy guidance
An assessment of the proposals against relevant national planning policy.
(C) Other material considerations
This would include a wide range of other matters such as alternative sites, traffic congestion and road safety, landscape and amenity, listed buildings, Scheduled Ancient Monuments, SSSIs,implications for wildlife, implications for local communities, environmental impacts, tourism.
Scope for agreement between parties on background material
16. All parties and relevant persons to consider providing agreed statements so the Inquiry can focus on matters in dispute. They should establish any basic matters which can be agreed in advance to save time. A common methodology or set of basic assumptions should be agreed against which the proposal can be assessed.
17. Any joint studies or agreements will be lodged as documents at least 5 weeks before the inquiry.
Duration, start date and venue of the Inquiry.
18. It appears likely that the whole Inquiry will occupy about 3 weeks. It was agreed that the Inquiry will convene on Monday 13 March 2006 and that the Inquiry Reporters Unit would select an appropriate venue.
19. The Inquiry will start at 2:00pm on day one and last until 5:00pm. On subsequent days the start may be brought forward to 9:30am. All parties giving evidence should attend or be represented at the opening session. Due to existing commitments the Inquiry would not sit on Friday 17 or Monday 20 March 2006.
Sequence of evidence at the Inquiry
20. AMEC will give evidence first, followed by councils, then Strathbogie CC and the remaining third parties, supporters first followed by objectors. Following all evidence, each main party will have the opportunity to present a closing statement. these must be lodged in typed or handwritten form before they are read. Closing submissions will be in reverse order, AMEC having the final say.
21. The procedures for the advance disclosure of cases and pre-inquiry exchanges are set down. These require that parties disclose the terms of their case before it is presented to the Inquiry to allow everyone fair and advance notice of what is to be answered. Relevant dates agreed are :
- The last date for the circulation of statements of case to relevant parties is Friday 20 January 2006.
- The last date for the exchange of any documents to be referred to is 7 February 2006.
- Precognitions should be circulated no later than 21 February 2006.
Exchange of documents
22. For ease of reference by members of the public, the documents connected with the Inquiry will be on deposit in Huntly Library, Brander Library, The Square, Huntly, AB54 8BR and at the council offices in Huntly and Elgin. Aberdeenshire Council will arrange to bring a deposit set of documents to the opening session of the Inquiry. Over and above the deposit sets, AMEC should receive at least 3 full sets, each council 2 sets and Strathbogie Community Council 1 set.
23. Wherever possible, duplication of documents should be avoided and statements of case, precognitions, document lists and lists of conditions should be transmitted electronically to SEIRU, including by email.
Contacts
24. Addresses
- Inquiry Reporters Unit :
- tel. Ms Emma Butler on 01324 696452 or email to emma.butler@scotland.gov.uk
Address : Inquiry Reporters Unit, 4, The Courtyard, Callendar Business Park, Callendar Road, Falkirk, FK1 1XR. Fax: 01324 696444 - For AMEC Project Investments Ltd :
- Mr M Trinick, Bond Pearce LLP, Oceana House, 39-49 Commercial Road, Southampton, SO15 1GA
- For Aberdeenshire Council :
- RobinTaylor, Law and Administration, Woodhill House, Westburn Road, Aberdeen AB16 5GB
- For Moray Council :
- Aileen Scott, Principal Solicitor, Council Offices, High Street, Elgin, IV30 1BX
- For Strathbogie Community Council :
- James Ingleby, Invermarkie, Glass, Huntly, Aberdeenshire, AB54 4XY
Note of the meeting
25. The full copy of the meeting note has been sent to all those who attended the pre-inquiry meeting and noted their names on the list circulated at the meeting, as well as to the consultees who confirmed their wish to be kept informed.
SEIRU
29 November 2005