[concerned]

Douglas Hogg's office forwarded the attached letter to me as I had asked him for advice back in December. If it takes this long to reply to a fellow MP what chance have we got!

I have underlined some parts that seem to me to be significant, but read the whole letter!

If understand correctly if both NKDC and LCC object then it has to go to a public inquiry so we need to keep both informed as to our objections, especially when the ne application comes up.

The Rt Hon Ed Miliband MP
Secretary of State
Department of Energy
and Climate change Your ref: Our ref: A5/168214

The Rt Hon Douglas Hogg QC MP
House of Commons
London
Thank you for your letter of 7 December, on behalf of your constituent, ….. Side Bar Lane, Heckington Fen, Sleaford, regarding the proposed 64.4MW onshore wind farm at Six Hundred Farm, East Heckington. I apologise for the delay in replying.
You will understand that I am not able to comment on the merits of live planning applications but I can answer your questions about process. The application has been made under the current energy consenting system, Section 36 of the Electricity Act 1989. From April 2010, all new applications for nationally significant energy projects will go to the Infrastructure Planning Commission (IPC) for determination. However any projects which have, like this one, already been lodged under section 36 will remain in that regime through to decision.
Once a developer has submitted an application under Section 36 for a proposed power station, it has to advertise it in the local press, in the national press, and in the London Gazette. The developer is also required to post notice of the application in prominent sites in the vicinity of the proposed development (and provide evidence that it has done so), and make copies of the application available for public inspection at locations such as the local council offices, its company offices, public libraries etc. Additionally, people can request a copy of the application directly from the developer, although it should be noted that developers are entitled to charge for this at cost. Members of the public then have 28 days from the date of the last time the notice appears in the press in which to lodge an objection (or letter of support), which can be done either by letter or email to my official whose details are listed below. l will of course take into consideration any objections received after this date, however anyone who objects within the 28 date period will have an automatic right to appear at a public inquiry should one be held.


The Relevant Local Planning Authority (RPA) has a period of 4 months in which to register its views and/or object to an application and the application will also be sent for comment to other relevant Government departments, such as the Environment Agency, Department for Transport etc.
If I deem it appropriate, l have powers to hold a discretionary public inquiry in light of any comments and information received on the application, while a public inquiry is automatically held if an RPA (in this case two authorities, North Kesteven District Council and Lincolnshire County Council) objects to the application. Further information on the s.36 consenting process can be found in the following DECC guidance document: http//|www.decc.gov.uk/en/conten/cms/what_we_do/uk_supply/consents_planni ng/guidance/guidance.aspx.

In most cases, a developer would submit an Environmental Statement (ES), an assessment of the environmental impacts of the development, with its application. However for this development, the developers have not yet submitted their ES but will be doing so at a later date. Once the developer submits its ES it will be required to re-advertise the application as detailed above, and the 28 day period will apply from the date this last appears in the press.
Once the ES has been submitted, your constituents should find themselves in a better position to take a view on the potential impacts of the proposed development and I will instruct my officials to write to you again at this time to let you know that the ES has been received.

If you or any of your constituents have any further questions on this application, please contact:
John Swift
Power station.consents manager
A A 3rd| Floor
frill ,
3 Whitehall Place
London SWIA 2AW
iohn.swift@decc.gsi.gov.uk
/ ED MILLIBAND

[concerned]

Sorry - the underlining did not work so you will have to manage without!