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Advice to AB & GR Dodgson

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Enquiry

From
AB & GR Dodgson
Date advice given
22 December 2014
Enquiry type
Post

Enquiry regarding compensation

Advice given

As this enquiry is in regard to matters of financial compensation 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 Upper Tribunal (Lands Chamber). You may wish to 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).

You will have received a letter from us dated 28 November inviting you to the preliminary meeting for the examination of this application. Following that meeting we will write to you again setting out the deadlines by which you may submit a written representation or request a compulsory acquisition hearing, bearing in mind the advice given above about the matters the Examining Authority can take into consideration.

We hope this advice is of assistance to you however if you have any further queries, please do not hesitate to contact us. For further information on the project you may also wish to contact the National Grid project team at hinkleyconnection@uk.ngrid.com or telephone National Grid Communications on 0800 377 7347.