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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
Norwich Northern Distributor Road (NDR) View all advice for this project
Enquiry
Request for information about participation in compulsory acquisition hearings.
Advice given
The Examining Authority (ExA) are required to judge whether there is a compelling case in the public interest for compulsory acquisition (CA) of land. In doing so, they will balance potential public benefits of the project with the losses of affected parties. Government guidance has been produced about CA (attachment 1, and also about how hearings are handled (attachment 2).
The ExA have started to investigate the CA case through written questions, but will probe further at Compulsory Acquisition Hearings planned for 30 September, 1, 2 and 3 October 2014. At the first hearing, the ExA will investigate general considerations, such as the applicant?s reasoning for seeking to acquire land or rights compulsorily, and whether they have the ability to pay for such. The ExA will then investigate the implications for individual plots ? either at their own instigation, or where objections have been received. I note the objection which you provided us in March this year ? xxxx [personal information removed] xxxx
The ExA will have received and considered your original objection. If you wish to make your case in person to the ExA, then please do so at one of the Compulsory Acquisition Hearings. It is not a requirement that you attend, but the opportunity is available for that purpose. You may bring legal representation, but it should not be necessary to do so. The ExA aim to act in a proportionate manner, and will not make unreasonable demands of you. You (or your representative) will be asked to summarise your objection to the acquisition, and the ExA may ask you questions about your position, and factual questions about your land. The applicant will be asked to respond, and you may then reply to this if you feel corrections are needed. The aim of the hearings is not to reach agreement between the parties, although this is desirable. The aim is for the ExA to gather the information which they need in order to make a judgement about the matter. They will continue to question both parties until they are satisfied that they have this information.
Thank you for offering a preferred time slot, which we will endeavour to meet. The agenda will be prepared in the coming weeks and your request will be taken into account. Owing to the nature of the hearing, it is not possible to guarantee a start or finish time for the discussion of your plot, but you are not expected to stay all day.
