Advice to Bill Hoodless
Back to listEnquiry
- From
- Bill Hoodless
- Date advice given
- 22 September 2014
- Enquiry type
We have received from the Applicant a draft SOCG that is under consideration. Since there is the question of compulsory powers to consider, am I right in thinking this would be a suitable matter to try and agree within the SOCG please? It is certainly something which is expected to feature amongst our objections.
Advice given
Annex H of the Rule 6 letter (available here http://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/EN010024/2.%20Post-Submission/Procedural%20Decisions/Rule%206%20letter.pdf ) sets out the general approach to the preparation of Statements of Common Ground (SOCG), and includes reference to relevant guidance https://www.gov.uk/government/publications/planning-act-2008-examination-of-applications-for-development-consent (paragraphs 57-62 of this document). This makes it clear that SOCGs should also set out areas where agreement has not been reached. Other than this, I cannot comment on the specific content of the SOCG, which is to be agreed between the relevant parties. I am therefore unable to offer any advice on the question of compulsory powers and if they should form part of the SOCG. However, if relevant representations by affected landowners are made about the use of compulsory acquisition powers, a hearing will be held to address this issue, and Thursday 22 January 2015 has been provisionally reserved for this. You should seek your own legal advice on any issues that you may have regarding compulsory acquisition.