Regarding the proposed planning application from St Mowden, what material and consideration has been made in relation to the trees which are proposed as part of the screening mitigation for Meaford Energy Centre.
Also, whether Meaford Residents Association should maintain their representation regarding the devaluation of house prices and whether this is a material consideration as part of the PA2008 process as they are not in the Book of Reference? also queried this in relation to the applicant?s comments on relevant representations.

Dear Mr Kuhn
Further to our telephone discussion regarding your submission of 17 September 2015 concerning two matters, I have looked at the submissions you refer to and provide the following advice:
Planning application by St Mowden Plc as referred to in your Deadline 2 submission
Stafford Borough Council and Staffordshire County Council refer to this as part of the planning history at section 4.1, page 5 of its joint Local Impact Report (LIR): attachment 1
Further details regarding the application are also referred to as being at Appendix 1 of their LIR which is split across three documents and available for viewing at:
attachment 2;stage=4&filter=LIR+and+SoCG
Should you have any comments to make on the above (in addition to your submission at Deadline 2) please ensure you submit them by 21 October (Deadline 3) as the Examining Authority will be looking at all relevant material as submitted and therefore for any considerations of material by the Examining Authority (ExA), it is important this is submitted into the examination
Devaluation of property prices
Whilst I cannot comment on the accuracy of the applicant?s comments in their responses to your relevant representation, the quote from the Planning Practice Guidance (PPG) is correct and the PPG is relevant planning policy which the Secretary of State can take into account when deciding the application. The PPG can be accessed here: attachment 3
All material submitted into the examination will be considered by the ExA with the exception of representations that are vexatious of frivolous; relate to the merits of policy in a national policy statement; relate to compensation for compulsory acquisition of land or an interest in or right over land (s.106 Planning Act 2008). The ExA will consider all the information submitted at Deadline 2, including the applicant?s response, and can ask for further information from any party if he considers it necessary to do so to examine the application. As mentioned above, the next stage in the examination timetable is Deadline 3 (Thursday 22 October) which includes requests by the ExA for any responses to comments made at Deadline 2 so if you wish to make comments, please ensure these are submitted in accordance with the timetable.
Depreciation in property value could, in some circumstances, give rise to a result of a relevant claim (as defined in s.57(6) Planning Act 2008) but compensation for any depreciation in property values arising from a relevant claim is not a matter to be considered by the ExA or Secretary of State with the exception of the need for the Secretary of State to be satisfied that the applicant is likely to have funds available to pay all successful compensation claims and to that extent the ExA must consider the likely amount of compensation during examination.
A relevant claim means a claim under s.10 Compulsory Purchase Act 1965 (compensation for taking or injurious affection of land); or part 1 of the Land Compensation Act 1973 (compensation for depreciation of land value by physical factors caused by the use of public works); or a claim under s.152(3) Planning Act 2008.
Identification in the Book of Reference (BoR) does not determine your ability to make a relevant claim. The BoR should identify all persons that the applicant thinks would or might be entitled, as a result of the implementing of the order/the order having been implemented/use of the land once the order has been implemented, to make a relevant claim. These persons should be included within Part 2 of the BoR as category 3 persons.
As you have not been identified in the BoR you do not have the status of an affected person in the examination, however, if you consider that you should be in the BoR as a category 3 person you can make a request to the ExA to become an interested party in accordance with s.102A Planning Act 2008. However, as you have submitted a relevant representation on behalf of the Meaford Road Residents Association, the Association itself is already an Interested party and able to fully participate in the examination so you may not consider it necessary to become an interested party in an individual capacity.
I hope the above is helpful however please note, this response is sent without prejudice and cannot be considered as legal advice on which you or the residents association can rely on.
If you have any further queries on this or any other matter, please do not hesitate to contact us.