Advice to Berwin Leighton Paisner LLP
Back to listEnquiry
- From
- Berwin Leighton Paisner LLP
- Date advice given
- 27 March 2014
- Enquiry type
Enquiry regarding the application of Regulation 7 of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009.
Advice given
Our views on the persons who fall within the s57 categories and the Book of Reference are set out below :
Owners/lessees/ tenants/ occupiers of the Order land are persons within Category 1. Any other persons who have an interest in the Order land e.g. a right over the Order land, are persons within Category 2. If this land is to be subject to powers of compulsory acquisition or powers to use the land in some way (such as the temporary use power you refer to specifically in your letter), then these Category 1 and 2 persons should be listed in Part 1 of the Book of Reference (BoR). If the Category 2 person's right is to extinguished, suspended or interfered with, then they should also be listed in Part 3 of the BoR.
Persons within Category 3 will be those who the applicant thinks would or might be entitled to make a relevant claim. These persons may include:
a) persons whose land is not part of the Order land but that land benefits from a right over the Order land which is to be suspended or interfered with b) persons whose land is within the Order land and that land benefits from a right of way over another piece of land within the Order land, which is to be suspended or interfered c) persons whose land is not part of the Order land and whose land does not benefit from any rights over the Order land but they may have a claim under the Land Compensation for Act 1973 as a result of noise, dust etc from the use of the project.
All these persons will be listed in Part 2 of the BoR.
A person may be within more than one category. They may also need to be listed in more than one part of the BoR.