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Advice to David Hymas

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Enquiry

From
David Hymas
Date advice given
21 February 2014
Enquiry type
Email

Query regarding liability of operator of development in making compensation payments if applicant cease to be operator when payment is due.

Advice given

I understand that you act for Caddick Construction Ltd. Concerns about funding for compulsory acquisition are no doubt a matter that your client would wish to raise as part of its representations. It is a matter that I would expect to figure in the examination of the application.

You may wish to be aware of the following documents in this context:

? The DCLG document "Planning Act 2008 - Guidance relating to procedures relating to the compulsory acquisition of land" contains some guidance relating to the resource implications of compulsory acquisition - see paragraphs 17 and 18

(https://www.gov.uk/government/publications/planning-act-2008-procedures-for-the-compulsory-acquisition-of-land).

? As required by the relevant Regulations, the application included a Funding Statement describing how the applicant proposes to fund the compulsory acquisition - see application document 4.2

(http://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/EN010050/2.%20Post-Submission/Application%20Documents/Compulsory%20Purchase%20Information/Application_Document_4.2_Funding_Statement.pdf).

? The application draft Development Consent Order (application document 3.1) contains provisions that are to apply on the transfer of the benefit of the Order - see article 6

(http://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/EN010050/2.%20Post-Submission/Application%20Documents/Draft%20Development%20Consent%20Orders/Application_Document_3.1_Draft_Proposed_Development_Consent_Order.pdf)