Peel/United Utilities and Coronation Power seek permission to construct the largest wind farm in England on what is a single site straddling The Mary Towneley Loop (a significant and renowned equestrian facility) on The Pennine Bridleway, known locally as Rooley Moor Road (and historically named "The Cotton Famine Road). In total seventeen turbines will be located within 600 of the National Trail and thirteen will be within 300 metres, one within 150 metres.
The land straddling Rooley Moor Road is common land used extensively for agriculture (mainly hill sheep farming), hiking, equestrian, cycling, ornithology and the existence of The Cotton Famine Road ensures that this valuable amenity is easily accessible to the thousands of visitors from near and far. It is this National Trail that sets the common land in this case apart from the "usual application"
Peel have thus far offered no "exchange land" but have sought to persuade the commoners with grazing rights a financial incentive to stop their traditional hill farming activities. Coronation, on the other hand, have offered no financial compensation but have offered a parcel of land "in exchange" for the land they wish to deregister. That land is considered unsuitable by one of the commoners with extensive grazing rights.
Points to be clarified
1. please confirm that it is not possible for either Applicant to seek and achieve planning permission to construct a wind farm without first complying with the process of formal application under Ss. 16 and 38 Commons Act 2006. Pleas confirm that the application to deregistermust be approved before construction can proceed
2. please confirm that any such deregistration application will be to The Secretary of State. If I am wrong with this, then can you clarify who will decide those applications
3. as far as you are aware, have Peel or Coronation made an application to deregister. Do you have any indication as to when such applications might be made
4. because the common land straddles a National Trail of some significance, there are many who fall into the category of "persons having rights in relation to the land" and they will wish to be part of the deregistration application process. It is essential therefore that the deregistration process is published honestly and openly to allow the decision maker a balanced and fair view of the potential effects of the application
Timetable
Matters are moving quickly with Coronation's Application and both Rochdale and Rossendale have granted a limited time opportunity to review Coronation's plans which run to thousands of pages. I would therefore be very grateful if you will respond to this email as soon as you can so that we will not miss our chance to comment to the S of S (or whoever the decision maker is) regarding any Commons Act application

This reply is in relation to applications for Nationally Significant Infrastructure Projects in accordance with the Planning Act 2008 (as amended).
Applicants under the Planning Act 2008 process apply for compulsory acquisition of common land within their application for consent for the project; the application is submitted to the Planning Inspectorate (on behalf of the Secretary of State).
Applicants may apply for compulsory acquisition of common land (section 131 of the Planning Act 2008 as amended), or compulsory acquisition of the rights over common land (section 132 of the Planning Act 2008 as amended).
I have included a link to the ?DCLG Planning Act 2008 Guidance related to procedures for the compulsory acquisition of land?:
This guidance covers compulsory acquisition in general, and also refers to common land specifically on:
- Page 12 paragraph 38
- Page 13 paragraphs 43 ? 44 (regarding special parliamentary procedure)
- Annex A, mainly pages 14 ? 16
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