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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
Enquiry
The enquirer addressed concerns that they had not been identified as an Affected Person and sought clarification on information contained within certain application documents.
Advice given
Applicants must use due diligence to identify and consult affected landowners ‘Affected Persons’ who would be affected by Compulsory Acquisition applied for as part of Nationally Significant Infrastructure Projects (NSIPs). Please address the potential inaccuracies, and the other points you seek clarification on, to the Applicant – Highways England – in the first instance. The project specific email address is: [email protected]. Now that the application has formally been accepted by the Inspectorate, the Applicant will have notified those persons prescribed, including all Affected Persons, of the accepted application under s56 of the Planning Act 2008 (PA2008). Once the Applicant has done this, it must certify this duty has been met by providing the Inspectorate certificates, under s58 of the PA2008. As part of this certification process, the Applicant must provide details of amendments to its BoR since the version provided at submission, which includes persons originally omitted or the removal of persons included in error. Therefore, it is important that this is brought to the Applicant’s attention as soon as possible so that the Applicant can investigate and potentially amend its BoR at the s58 certification stage. Once the six-month Examination commences, the Applicant will be asked to provide updated iterations of the BoR and Land Plans for the various deadlines set in the Examination Timetable. I note you have already registered to become an Interested Party (IP) and submitted the information in your email as a Relevant Representation (RR). This will bring your concerns to the ExA’s attention and provide you the legal right to participate during the Examination. Although the ExA will consider this information, you will not receive a specific response. I also see you have registered on behalf of the ‘Randlesome Family’. The Inspectorate encourages persons who share the same views to group together and elect a spokesperson to represent the group. Please advise if you would like me to amend your registration so that you represent the views of the residents of Sunny Acres in addition to those of the Randlesome Family. If the Applicant later identifies you and your partner as Affected Persons, although you will have IP status, you will gain additional powers as Affected Persons (such as having the opportunity to request and speak at any Compulsory Acquisition Hearings).
