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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
Enquiry regarding compensation
Advice given
As this enquiry is in regard to matters of financial compensation it does not fall for consideration to the DCO examination, as the scope of the DCO examination is limited to consideration of whether the proposed compulsory acquisition meets the tests set out in the Planning Act 2008. Guidance on this is contained in DCLG Planning Act 2008 Guidance related to procedures for the compulsory acquisition of land. The tests involve consideration of the requirement for the land for the development and whether there is a compelling case in the public interest for such land to be acquired.
For this reason, the Examining Authority (ExA) has exercised their discretion under s.87(3)(c) to disregard your representation. However, we can advise you that as these matters are governed by the relevant compulsory purchase legislation, it may be something for the Upper Tribunal (Lands Chamber). You may wish to take legal advice regarding your position and those advisors may then consider that you have a case to argue at the Upper Tribunal (Lands Chamber).
You will have received a letter from us dated 28 November inviting you to the preliminary meeting for the examination of this application. Following that meeting we will write to you again setting out the deadlines by which you may submit a written representation or request a compulsory acquisition hearing, bearing in mind the advice given above about the matters the Examining Authority can take into consideration.
We hope this advice is of assistance to you however if you have any further queries, please do not hesitate to contact us. For further information on the project you may also wish to contact the National Grid project team at [email protected] or telephone National Grid Communications on 0800 377 7347.
