Advice to Campaign to Protect Old Woodstock
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- From
- Campaign to Protect Old Woodstock
- Date advice given
- 2 May 2024
- Enquiry type
Dear Gina (if I may), Many thanks for your prompt reply of 26 April. We understand that our requests for advice and your replies will be published on your website. I am pleased to note from your email that: "The availability of funding is a matter which is explored by Examining Authorities during examinations if an application is accepted for examination." So far the potential applicant has not included any information in respect of the availability of funding in any of the documents it has produced. Nor has PINS indicated, as far as we are aware, when such information should be produced or in what form it should be made available. C-POW has information on this matter which can be made available to the Examining Authority when appropriate. We will continue to update this information until it is needed and, if granted Interested Party status, will be happy to explain it in whatever form is helpful. I would be grateful, therefore, if you would provide advice about how the Examining Authority intends to deal with information in respect of "the availability of funding". Best wishes, Andrew Rein
Advice given
Good afternoon Mr Rein, Thank you for your email below, contents of which are noted. Gina is on leave so I thought I would take this opportunity to introduce myself, I have recently taken over as case manager for the project. Regulation 5 (2)(h) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 requires applicants to submit additional information regarding funding where a proposed order would authorise the compulsory acquisition of land or an interest in land or right over land. This is often in the form of a funding statement, which would be supplied as part of the suite of application documents. All application documents will be published on the project page if the application is accepted for examination. The Planning Act 2008 Guidance related to procedures for the compulsory acquisition of land explains that any application for a consent order authorising compulsory acquisition must be accompanied by a statement explaining how it will be funded. The timing of the availability of funding is also likely to be a relevant factor. These are matters that the Examining Authority will be examining, amongst other matters, when considering whether the legislative tests to authorise compulsory acquisition, in s122 of the Planning Act 2008 are met. It is open to you to raise any concerns on the availability of funding in your Relevant Representation (RR), in due course, if the application is accepted for examination. It is also open to you to make these concerns directly to the Applicant, should you wish. I trust that Gina’s previous email provided an overview on how to make a RR at the appropriate time. However please do not hesitate to contact us nearer the time if you have any questions about how to make a submission. Further information about the process can be found in the link below to the National Infrastructure Planning website: Nationally Significant Infrastructure Projects - Advice Note Eight: overview of the nationally significant infrastructure planning process for members of the public and others - GOV.UK (www.gov.uk) I hope this information is helpful, but should you have any other queries, please feel free to contact the project mailbox. As before, we will publish this information and your query on the project page, to fulfil our duty to publish all advice given on the project webpage under s51 of the Planning Act 2008. Kind regards Caroline Hopewell