Advice to SMart Wind Ltd
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- From
- SMart Wind Ltd
- Date advice given
- 22 August 2013
- Enquiry type
Post-Acceptance s51 advice to the applicant.
Advice given
The ?s55 acceptance checklist?, published on our website, sets out the Inspectorate?s comments in respect of the tests that must be met under s55 of the Planning Act 2008 (as amended) (PA2008). The purpose of this letter is to provide advice under s51 of the PA2008, where the Acceptance Inspector has indicated on the checklist that it should be issued to the applicant.
SMart Wind Ltd is strongly advised to review the checklist, and to read it in conjunction with the following advice.
You will note that section 4.4(b) of the s55 checklist identifies the following:
?There appear to be transcription errors in the ?principal coordinates? provided for Work no. 6 and Work no. 5 at Schedule A Part 1 of the draft DCO, which are duplicated in the corresponding full coordinates provided appended to the Works Plans (Docs 5.1 ? 5.3).
It is noted that the numbering applied to the ?principal coordinates? provided in the draft DCO for Work no. 6 does not correspond with the numbering applied to the full coordinates provided appended to the Works Plans.
There is no explanation within the draft DCO or the Explanatory Memorandum as to why only principal coordinates have been provided.?
To expand on its observations, the Inspectorate strongly advises that the applicant now check the accuracy of all of the coordinates provided within the application documents; both the ?principal coordinates? detailed in the draft Development Consent Order (dDCO), and the lists of coordinates appended to the Works Plans. The Inspectorate further advises that the applicant amend the numbering of the principal coordinates within the dDCO to correspond with those appended to the Works Plans. The inclusion of an entry in the Explanatory Memorandum to explain the drafting of ?principal coordinates? in the dDCO is also advised.
Section 4.4(d) of the s55 checklist identifies the following:
?It is noted that persons listed within Part 3 of the Book of Reference do not appear to be included in Part 1. A person entitled to enjoy easements or other private rights over land which the applicant proposes to extinguish, suspend or interfere with identified in Part 3 should also be recorded in Part 1 as a person within categories 1 or 2 as set out in section 57 of the PA2008.?
The Inspectorate strongly advises that the applicant amend the Book of Reference (BoR) to include persons listed within Part 3 in Part 1; in advance of its notification under s56 of the PA2008. This is of critical importance to ensure that the applicant?s notification of the accepted application is compliant with the provisions of s56.
Section 4.4(i) of the s55 checklist identifies that:
?It appears from cross-checking the Land Plans with the Book of Reference (Doc 6.3) that plot number 268 is absent from the Land Plans. Plot 268 is described however on pages 384 and 385 of the Book of Reference. It cannot be ascertained from the information available whether or not the absence of plot 268 from the Land Plans affects the limits of land to be acquired or used i.e. the extent of the Order land.
It appears from cross-checking the Land Plans with the Book of Reference that plot number 396 has been inaccurately described. The land is described as ?Killingholme Power Station?. The corresponding plot on the Land Plans appears to be farmland or similar.
There appear to be inconsistencies in the descriptions of several plot numbers in the Book of Reference i.e. where some entries describe a particular linear feature, others do not.?
The Communities and Local Government ?Planning Act 2008 ? Guidance related to procedures for compulsory acquisition? states that ?There should be no discrepancy between the description of the land in the book of reference and the plan, and no room for doubt on anyone?s part as to the precise areas of land which are to be compulsorily acquired. Where uncertainty over the true extent of the land to be acquired causes or may cause difficulties, the IPC may refuse to make the order until this is made clear?. The Inspectorate therefore strongly advises that the applicant make the appropriate updates to the BoR to identify the location of plot number 268, and to accurately reflect the nature of the land at plot number 396 and for all other inconsistencies in plot description.
SMart Wind Ltd is strongly advised to address these issues in the Pre-examination period, in preparation for the examination of the application. It is likely that the Examining Authority will set a deadlinfor receipt of the amended documentation early in the Examination timetable.