Advice to SP Energy Networks - Steven Edwards
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- From
- SP Energy Networks - Steven Edwards
- Date advice given
- 18 April 2017
- Enquiry type
Query regarding s44 notification
Advice given
May I refer you to the following sections of the PA 2008 that clarify that you need to notify everyone that has an interest in the land.
Under s42(d) of the PA 2008 the Applicant has a duty to consult, ‘Each person who is within one or more categories set out in section 44’.
Under s44 there are 3 Categories of Affected persons that need to be notified. These are;
Category 1- owner, lessee, tenant, occupier Category 2- have other legal interest in the land Category 3- No legal interest in the land but may be affected by the construction or use of the works.
With regard to Category 3, SPEN would need to notify anyone that you have identified that would or might be able to make a claim for compensation due to the construction or use of the works. If you haven’t identified anyone then there is no one to notify however, as we have previously discussed, it would be very unusual for no Category 3 persons to be identified and you would need to justify that when submitting your application.
Please also refer back to advice we gave you at our last project meeting in January.