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Advice to K A Hirst

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Enquiry

From
K A Hirst
Date advice given
14 January 2014
Enquiry type
Email

I have recently been shown a document entitled:

E.ON Climate & Renewables UK Rampion Offshore Wind Limited NOTE ON STATUTORY BLIGHT CLAIMS LAND COMPENSATION ACT 1973 ("The Act") which I believe was published in December 2013.

E.On claims under 1.4 that, "No right to compensation applies for neighbours disrupted by the construction of public works."

At a hearing of West Sussex County Council's Environmental & Community Services Select Committee held on 12th July 2013, our local representative spoke. The draft minutes state that, "More work is done to consider the need for adequate compensation to individuals." And, "In considering the definition of affected individuals, communities and businesses, this definition is not applied too narrowly." The draft minutes also state that, "The Council could raise the issue of compensation in the LIR (Local Impact Report), but this would be decided by the Secretary of State."

A document entitled Non Technical Summary of July 2012 states under a heading of "Ecology", 26.7.33 , "For residential receptors located as scattered farmsteads including ... Swallow Cottage... direct to slightly oblique, uninterrupted and filtered views of the temporary construction activities may be possible.... At worse, where views are uninterrupted, there will be a prominent change to the quality and character of the view. The magnitude of impact is therefore assessed as being large."

As you will be aware, our neighbours have already lost four prospective buyers who were not prepared to pay the full market price for their property. As we are now in our seventies and may wish to move before the completion of the construction of the on-shore substation, we do not wish to be put in a position of losing a considerable sum of money due to the blight caused by these on-going construction works.

We should be very grateful, therefore, if you would kindly give this matter your attention.

Advice given

Thank you for your email in regards to compensation for local residents during construction of the on-shore substation for the Rampion offshore wind farm. As this is in regard to matters of financial compensation relating to claimed impacts upon property value it does not fall for consideration to the DCO examination, as the scope of the DCO examination is limited to consideration of whether the proposed compulsory acquisition meets the tests set out in the Planning Act 2008. Guidance on this is contained in DCLG Planning Act 2008 Guidance related to procedures for the compulsory acquisition of land. The tests involve consideration of the requirement for the land for the development and whether there is a compelling case in the public interest for such land to be acquired. For this reason, the Examining Authority (ExA) has exercised their discretion under s.87(3)(c) to disregard your representation . However, we can advise you that as these matters are governed by the relevant compulsory purchase legislation, it may be something for the The Upper Tribunal (Lands Chamber). We advise that you should take legal advice regarding your position and those advisors may then consider that you have a case to argue at the Upper Tribunal (Lands Chamber). Please also note, the examination must close by midnight on Saturday 18 January 2014 and any submissions received after this time will not be forwarded to the ExA. We hope this advice is of assistance to you however if you have any further queries, please do not hesitate to contact us.