The relevant background
13.In order to set the scene for the issue we have to decide in this appeal it is necessary to set out a certain amount of the factual background. We take this factual background principally from the Agreed Statement, from the evidence of Mr Goodson, and from our own inspection. The position is the same in relation to our findings of fact generally in this decision. We make our findings as to the facts of this case principally from the Agreed Statement, from the evidence of Mr Goodson, and from our own inspection. Where, in our description of the factual background, we refer to matters as agreed we mean, unless otherwise indicated, that the relevant matters are recorded as agreed in the Agreed Statement. So far as we could see, there were no areas, or at least no material areas of factual disagreement between the parties. If however any such areas of disagreement do exist and impinge upon any of the facts we set out in this decision, it should be assumed that what we say represents our findings of fact in relation to any such area of disagreement. 14.The Power Station comprises a Combined Cycle Gas Turbine (
- © CROWN COPYRIGHT 2023
- Introduction
- “the Power Station”
- “the Material Day”
- “the VTE”
- Representation, evidence and inspection
- “the Agreed Statement”
- The relevant background
- “CCGT”
- “TEC”
- “the PB Report”
- The issues in the appeal
- “the MCO”
- The legal framework – statutory provisions
- “Schedule 6”
- The legal framework – case law
- Discussion
- Conclusion
- Right of appeal
