Can you tell me if the attached questionnaire is pertinent to the DCO process as RiverOak Strategic Partners are claiming they are acting on your behalf?
By way of background, where a Development Consent Order (DCO) would seek powers of Compulsory Acquisition and/ or Temporary Possession, sections 44, 57 and 59 of the Planning Act 2008 (PA2008) establish that in seeking to identify all land interests and persons who may be entitled to make a relevant claim an applicant must make diligent inquiry. Paragraph 50 of the Department for Communities and Local Government’s Planning Act 2008: Guidance on the pre-application process explains:
“It is the applicant’s responsibility to demonstrate at submission of the application that due diligence has been undertaken in identifying all land interests and applicants should make every reasonable effort to ensure that the Book of Reference (which records and categorises those land interests) is up to date at the time of submission.”
Issuing land referencing questionnaires in the format provided by RiverOak Strategic Partners is one of a number of approaches routinely applied by DCO applicants in seeking to identify all land interests and therefore satisfy the due diligence test set out in the PA2008.
In issuing the attached questionnaire RiverOak Strategic Partners (RSP) is not acting on behalf of the Planning Inspectorate. RSP is seeking to identify persons with an interest in the lands which would be affected by the DCO in order that it may provide the requisite information, and satisfy the due diligence tests, in any forthcoming application made to the Planning Inspectorate.