The 1608 pages is a red herring IMO, nothing much of any substance, just like the decision itself.
Usual practice is that the NOPTA technical assessment and advice is private and confidential between NOPTA and the JA. Asset is NOT entitled to receive a copy of the advice, nor is the general public. We only know about the NOPTA advice because of two things:-
1. Judge Jackson elected to make the April 2020 NOPTA recommendation public as part of the Federal Court bundle. This was also released via an FOI request, but only after the Federal Court bundle became publicly available. The April 2020 advice for the first application shows the recommendation was to approve.
2. Husic, whether deliberately or accidently, included the NOPTA recommendation of October 2023 for the second application in his 1608 pages. In the subsequent announcement by BPH, they informed the market that the NOPTA advice for the second application was to approve.
Would I rule out the January 2025 refusal correspondence also including additional NOPTA advice details, no I would not.
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The 1608 pages is a red herring IMO, nothing much of any...
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