The list below is a record of advice the Planning Inspectorate has provided in respect of the Planning Act 2008 process.
There is a statutory duty under section 51 of the Planning Act 2008 to record the advice that is given in relation to an application or a potential application and to make this publicly available. Advice we have provided is recorded below together with the name of the person or organisation who asked for the advice and the project it relates to. The privacy of any other personal information will be protected in accordance with our Information Charter which you should view before sending information to the Planning Inspectorate.
Note that after a project page has been created for a particular application, any advice provided that relates to it will also be published under the ‘s51 advice’ tab on the relevant project page.
Advice given between between 1 October 2009 and 14 April 2015 has been archived. View the archived advice.
Reinforcement to North Shropshire Electricity Distribution Network View all advice for this project
Enquiry
Query regarding s44 notification
Advice given
May I refer you to the following sections of the PA 2008 that clarify that you need to notify everyone that has an interest in the land.
Under s42(d) of the PA 2008 the Applicant has a duty to consult, ‘Each person who is within one or more categories set out in section 44’.
Under s44 there are 3 Categories of Affected persons that need to be notified. These are;
Category 1- owner, lessee, tenant, occupier
Category 2- have other legal interest in the land
Category 3- No legal interest in the land but may be affected by the construction or use of the works.
With regard to Category 3, SPEN would need to notify anyone that you have identified that would or might be able to make a claim for compensation due to the construction or use of the works. If you haven’t identified anyone then there is no one to notify however, as we have previously discussed, it would be very unusual for no Category 3 persons to be identified and you would need to justify that when submitting your application.
Please also refer back to advice we gave you at our last project meeting in January.
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