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Dod o hyd i Brosiect Seilwaith Cenedlaethol

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Cyngor i Peninsula Management Group

Yn ôl i'r rhestr

Ymholiad

Oddiwrth
Peninsula Management Group
Y dyddiad y rhoddwyd y cyngor
10 Rhagfyr 2015
Math o ymholiad
Email

Mr Bramwell wrote on behalf of the Peninsula Management Group to introduce the group and ask the following questions:

  1. Is the Applicant supposed to have engaged with all local landowners prior to submission of the DCO to demonstrate it has control of the land or can this happen when the DCO is being considered or granted?

  2. If the Applicant fails to engage with local landowners/businesses and is relying on the CPO process to acquire the land, is this a material matter for consideration within the DCO process?

Cyngor a roddwyd

PINS provided advice as follows:

  1. The applicant is expected (indeed, required) to have consulted everyone whom, following diligent inquiry, they have identified as having an interest in the land over which they are seeking CA powers. The Planning Act sets out a definition of who these people/interests will likely be at section 44. So in respect of your question, this is not necessarily all local landowners, since the interests of landowners neighbouring the proposed site may not be affected by the proposed CA powers. Applicants are required to demonstrate that they have carried out this consultation, and have had regard to any responses received (section 49 of the Planning Act); but they are not required to demonstrate that negotiations have been successful or that they already have control of the land prior to submission. It is not necessary for the applicant to have control of the land in order to be granted consent; this is why it is possible to apply for CA powers.

  2. The examination of any application will include an examination of any CA powers that are sought in that application, and will consider all matters that the Inspector or Inspectors acting as the Examining Authority consider to be relevant and important. Once an application is accepted for examination, parties identified as having an interest in land proposed to be subject to CA will be invited to participate in the examination of the application, and will be given a full opportunity to put their case to the Examining Authority. Their views will be carefully considered when a report is made to the Secretary of State; and that report will not recommend the grant of CA powers unless there is shown to be a compelling case in the public interest for them.