Examination and decision

The examination process is not intended to take more than six months, and Section 88 of the PA 2008 requires the examining authority of the IPC/ MPIU, after an initial assessment of the issues, to meet with the applicant and each other interested party to allow them to make representations about how the application should be examined. Written representations will be the norm, and this marks a big change from the previous regime under Section 36 of the Electricity Act 1989 (or its predecessors) which was char­acterised by potentially long and expensive public inquiries (e. g. the Sizewell B inquiry which lasted for 340 days). Cross-examination under the new system will play a more limited role, although interested parties do have the opportunity to make representations in open-floor hearings. The IPC does, however, have considerable powers to control the content and proce­dure of these hearings.

Unless extended by the Chair of the IPC/MPIU or the Secretary of State, the decision must be made within three months of the completion of the examination stage. The application must be decided in accordance with the nuclear-specific NPS, unless one of five exemptions applies, including where the panel is satisfied that the adverse impact of the proposed development would outweigh its benefits. Decisions must be supported by a statement of reasons and, if granted, the IPC/MPIU can impose conditions in the order granting development consent.