Woodside Link Houghton Regis Bedfordshire

The list below includes a record of advice we have provided for this project. For a list of all advice issued by the Planning Inspectorate, including non-project related advice, please go to the Register of advice page.

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, including the name of the person who requested the advice, and to make this publicly available.

Preview
Enquiry received via email
response has attachments
I have searched the DCO final draft for a reference to requirement 18 (g) 2 as directed in question 4 and nothing comes up. Please would you be so kind as to send me the exact page referred to, so that I may read it and if necessary respond.
The reference made by the Examining Authority to requirement 18 (g) (2) of the applicant?s final draft Development Control Order, as directed by question 4 in Appendix A of his letter of 5 March, is made with reference to the track change version of the applicants final draft DCO (a link is provided below). This can be found on page 40 of the document. The reference is made to requirement 18 (1)(g) in association to requirement 18 (2) shown in the track change version of the DCO.
For your ease of reference the draft DCO with track changes can be viewed on the National Infrastructure website at: [attachment 1]

06 March 2014
Sally Gray
Enquiry received via email
response has attachments
see attached enquiry
Please be advised that the submissions received by yourself and Mr AG Hemmings were made by individuals who were not Interested Parties, however the Examining Authority exercised his discretion to accept these submission.
Section 102 of the 2008 Act interprets the term 'interested party' to include a person that has been notified of the acceptance of an application in accordance with section 56(2)(d) of the Planning Act 2008 and has made a relevant representation.
Your original correspondence which has also been published to the Woodside project web page was addressed to CBC and therefore as this was not completed on the Planning Inspectorates application form, it could not be considered as relevant representation. Further representations at a hearing must only relate to the issues raised in the relevant representation. Relevant representations will allow the 'Examining Authority' (i.e. a single Inspector or panel of Inspectors appointed to examine the application) to determine the most appropriate method of examining the application. At examination, interested parties will have the opportunity to submit further detailed 'written representations' on an application.
As the objectors which you have described below had not submitted a relevant representation before the deadline of the 29 July 2013, they cannot be considered as interested parties
Furthermore, as the examination is now in progress, only those people who are Interested Parties are entitled to make submissions on the application.
All those who registered with the Planning Inspectorate and made relevant representations before the deadline of 29 July 2013 automatically became Interested Parties under Section 102 of the Planning Act 2008. As you did not register and make a relevant representation, you are not therefore an Interested Party. Neither is Mr Hemming. The Examining Authority does however have discretion on whether to accept any submissions from people who are not Interested Parties. In this particular case he has decided to exercise his discretion to accept your submission of 24 January 2014.
The persons referred to in the Reports to the Secretaries of State have also not registered and submitted relevant representations. They are therefore not Interested Parties.
If you wish to follow the progress of the application, please be advised that updates regarding the Woodside Link proposal can be accessed via the Planning Portal project webpage [attachment 1]
If you have any further questions please do not hesitate to contact the Woodside project team. I trust you find this information satisfactory.

04 February 2014
John-Hateley
Enquiry received via meeting
response has attachments
At the Preliminary Meeting a point, regarding the proposed acquisition of Open Space land and the proposed provision of replacement land was raised. As this involved Special Category Land it would be
necessary to engage s131 of the Act in terms of acquiring a certificate from the Secretary of State for Communities and Local Government. The applicant was not sure whether this should be included in the DCO Examination or whether a separate application to the Secretary of State was required.
Please be aware of the following process regarding s131 applications, as per your query at the Preliminary Meeting dated 8 October 2013.

After investigating this matter further I can confirm that the Department for Communities and Local Government (DCLG) has set up the National Planning Casework Unit (NPCU) to manage planning decisions including applications for section 131 on behalf of the Secretary of State.

In terms of what needs to be submitted, there is no formal application form, however sufficient evidence is required to demonstrate that one of the conditions set out in legislation is met e.g. that replacement land is being given in exchange for the land subject to compulsory acquisition. There may need to be some assessment of the relative merits of exchange land against the land being acquired.

Although there is no formal application form, a covering letter outlining the application will be needed along with the detail of the plots, the schedule and a map showing the plots specific to the section 131 application, and any other documentation felt necessary to support the application.

We recommend that you review the guidance available on the planning portal website regarding this matter, which can be found via the following link [attachment 1], where more detailed information can be found in the Planning Act 2008 "Guidance related to procedures for compulsory acquisition" [attachment 2]

As a result the applicant will need to make a separate application as soon as possible and certainly before the application closes to apply for a certificate under section 131.

This application will need to be directed to the NPCU either via email or post. The contact details are provided below.

Email: [email protected]
Address: National Planning Casework Unit, 5 St Philips Place, Birmingham B3 2PW

30 October 2013
Bircham Dyson Bell LLP - Angus Walker
Enquiry received via email
response has attachments
Section 51 advice given following the decision to accept the application to proceed to examination on the 11 June 2013.

12 June 2013
Bircham Dyson Bell LLP - Angus Walker
Enquiry received via meeting
response has attachments
Meeting to discuss the proposed application for Woodside Link
Please see attached meeting note

23 January 2013
Bircham Dyson Bell
Enquiry received via meeting
response has attachments
Inception Meeting to explain the role of the Planning Inspectorate and the 2008 Planning Act Process.
Please see attached meeting note for details of advice given

12 August 2012
Central Bedfordshire Council - Paul Cook