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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
A585 Windy Harbour to Skippool Improvement Scheme View all advice for this project
Mock up land plans
Susannah has passed your email to me for response, I will be the Case Manager for this project and my contact details are below. Please accept our apologies for the delay in responding, our initial response to the Land Plans issue is below.
Firstly, in reviewing the plans electronically, the potential ‘cluttered’ appearance is perhaps less that it appears on the hard copy plans.
Secondly, whilst we understand why you have sought to present the Land Plans and Book of Reference in the proposed form we do have some significant reservations about the approach and would like to check some of the following points:
• Are you satisfied that the approach complies with the requirement in the APFP regulations - 5(2)(i)?
• Are you satisfied that the approach complies with the MHCLG guidance? In particular Annex C of the ‘Guidance related to procedures for the compulsory acquisition of land’ provides the following useful tips for dealing with this not uncommon issue, namely:
? In general, the map scale should not be smaller than 1/1250, and for land in a densely populated urban area, the scale should be at least 1/500 and preferably larger. Where the order involves the acquisition of a considerable number of small plots, the use of insets on a larger scale is often helpful.
? It is also important that the plan should show such details as are necessary to relate it to the description of each parcel of land (including land affected by temporary occupation) described in the book of reference. This may involve marking on the map the names of roads and places or local landmarks not otherwise shown.
? The boundaries between plots should be clearly delineated and each plot separately numbered to correspond with the book of reference.
? There should be no discrepancy between the description of the land in the book of reference and the plan, and no room for doubt on anyone’s part as to the precise areas of land which are to be compulsorily acquired. Where uncertainty over the true extent of the land to be acquired causes or may cause difficulties, the Secretary of State may refuse to make the order until this is made clear.
? The descriptions of each plot of land included in parts 1-5 of the book of reference where it is intended that all or part of the proposed development and works shall be carried out, should include the area in square metres of each plot.
We do note that other Highways England project teams have submitted Land Plans which also had a large number of small plots and used scale and insets effectively (A30 Temple to Higher Carblake):https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/TR010014/TR010014-000126-2.02%20Land%20Plans.pdf
Finally, have you considered:
• how an Examining Authority would determine which bit of the plot was owned by each person, or the relative size of the sub-plot;
• how owners of the different plots could identify which bits they owned; and
• how compensation claims might be considered without clarity about the individual plots.
In light of the above queries/questions/reservations, this could call in to question the satisfactory nature of the plans if they were to be submitted in the proposed form.
I hope the above is helpful, please let me know if you have any further queries.