Advice to BLP LLP
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- From
- BLP LLP
- Date advice given
- 2 November 2011
- Enquiry type
Request for IPC advice regarding the draft book of reference for the proposed Preesall project.
Advice given
Thank you for inviting the IPC's comments in respect of the draft book of reference and associated land plans for the proposed Preesall project. Please find our observations below.
It is of course for you to be satisfied that you have carried out the appropriate due diligence and have identified all interests as necessary and we have therefore limited our comments on the book of reference to general drafting points.
It is noted (taking plot 15 as an example) that those who have a right of access it is intended to extinguish, suspend or interfere with are listed in part 2 (category 3 persons with a right to claim) and do not appear in part 1 as either category 1 or category 2 persons. Draft article 20 (compulsory acquisition of rights) is intended to discharge land over which new rights will be acquired from all rights etc so far as inconsistent with the exercise of that new right. It would be helpful if the explanatory memorandum could explain the approach taken.
The introductory part of the draft book of reference is not quite clear (this may be a typographical error to be corrected in the final version), for example "where land is subject to be acquired, new rights and protective works the category of persons to be identified are". "Procedure" is missing after "special parliamentary". "Special category land" is the generic expression including local authority land etc. This could be clarified. It may be better also to use the term "special land" as in CLG guidance on compulsory acquisition procedures.