Dogger Bank Creyke Beck
Enquiry
See advice below/attached
Advice given
Thank you for your email of 24 April setting out your disagreement with the manner in
which the applicant Forewind Ltd has accessed your land in order to carry out surveys.
We also note that we have received previous correspondence concerning this issue,
including within your relevant representation and written representation. These
representations have been accepted into the examination and published to our
website.
Your email below has been accepted into the examination by the Examining Authority
and will be published in the same manner. You should note however that when
making their recommendation to the Secretary of State about this application, the
Examining Authority are concerned amongst other matters with whether to authorise
the compulsory acquisition of land. If you wish to see the conditions under which land
or rights can be compulsorily acquired they are set out at Section 122(2) of the
Planning Act 2008, which is available at the following link:
attachment 1
The issue you have raised concerning the manner in which Forewind Ltd has accessed
your land, is not directly related to the above tests in s122, nor is it related to the
merits of the proposed development. Therefore it may be the case that the Examining
Authority is unable to give your representations about this matter any weight as a
relevant and important matter when making their recommendation.
If you continue to have concerns regarding the manner in which the applicant carried
out surveys or accessed your property it is recommended that you take professional
advice.
With regards to Point 3 of your email of 24 April, based on our records it is our
understanding that you have not attended any oral hearings to date and we therefore
have no record of any oral representations. However there are further Compulsory
Acquisition hearings timetabled for the week commencing 30 June 2014 where you
may wish to raise matters relating to compulsory acquisition of your interests. Further
details of those hearings including an agenda will be published at least 7 days prior to
the hearing.