Advice to Kevin Keddie
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- From
- Kevin Keddie
- Date advice given
- 2 December 2014
- Enquiry type
Thank you for your unbelievably prompt reply in relation to the email that was sent to you on Thursday 27th November at approximately 15:15, and had many points that we required answers to.
It would be greatly appreciated if you could help me once again. As you know, the meeting is only a few days away and is a great concern. I know that you are travelling up to the area at some point today, but it is of urgent importance that I get a reply to this email as soon as possible, so that I know fully what I am discussing. It is stated on your website, the wording being ?It is a compulsory acquisition hearing?, and Forewinds was given permission, the only permission that was granted, by your organisation, the planning inspectorate, to come onto that land at Marske that belongs to Mr Jowsey and gave them the rights to undertake all their requirements on this registered field.
I assume that the compensation is for this field and not for any other land belonging to Mr Jowsey in any other shape or form.
I have been made aware on your website that the inspectors will be conducting an accompanied site inspection of the direct current cable alignment across agricultural holdings represented by Strutt and Parker who represent:
A) Old Hall Farm, Old Lackenby, Eston TS6 8DN B) Turner Arms Far, Yearby, Redcar TS11 8HH C) Thrushwood Farm, Yearby, Redcar TS11 8HD D) Grewgrass Farm, Grewgrass Lane, Marske-by-the-sea TS11 8EB E) Pontac Farm, New Marske, Redcar TS11 8LD
Can you please tell us why the inspectorate are not also visiting Mr Jowsey?s site?
An answer to this by 10am tomorrow morning would be greatly appreciated.
Advice given
You are correct that authorisation was granted under s53 of the Planning Act 2008, allowing the applicant Forewind Ltd to enter Mr Jowsey?s land for the purpose of taking surveys. It should be noted that this authorisation in no way grants the applicant powers of compulsory acquisition over the land. The process for granting compulsory acquisition powers is as follows.
The examining authority will make a recommendation to the Secretary of State for Energy and Climate Change, and part of that recommendation will be concerned with whether the applicant should be granted powers of compulsory acquisition over the land and rights that it has set out in the Book of Reference and Land Plans that accompany the application. The Secretary of State, taking account of the examining authority?s recommendation, will then make a decision to either grant or refuse compulsory acquisition powers, in full or in part.
It may assist you to familiarise yourself with the Book of Reference found at the following link:
As you will see. it sets out that the applicant is proposing to compulsorily acquire Mr Jowsey?s interests in plots 19A, 19B, 20A and 20B (as shown in the first column of the table). These plots correspond to the numbered plots shown on the Land Plans, which can be found at this link:
With regards to a site visit to Mr Jowsey?s land, I should point out that an opportunity was given within the examination timetable (Deadline III on 3 September 2014) for interested parties to request site visits to their land or any other relevant land. This deadline was set out in the letter sent out by the examining authority on 11 August 2014 (the ?Rule 8? letter). Our understanding is that no such request was received from Mr Jowsey or yourself. However the examining authority does have discretion to amend the timetable, and on that basis can I ask whether your email below constitutes a formal request for an accompanied site inspection? In your response it would be helpful if you could set out whether the features you would wish the examining authority to see might be viewable from public land, if so they may wish to carry out the visit unaccompanied.
In any event the examining authority will wish to discuss these matters on Thursday at the compulsory acquisition hearing. If you have any further queries before then, please do not hesitate to contact me.