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Advice to Phil Kennen

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Enquiry

From
Phil Kennen
Date advice given
17 April 2014
Enquiry type
Email

Mr Kennen queried the sending of examination correspondence to Treswigga Farm for the attention of a former owner, and provided the address details of the present owner. Mr Kennen requested for the Planning Inspectorate's 'residence database' to be updated to reflect this change in ownership, and also for examination correspondence to be sent for his attention at Treswigga Farm. He stated that he had registered his interest in the application with Cornwall Council at the pre-application stage, and did not understand why examination correspondence was not being sent to him.

Advice given

Under the Planning Act 2008 (the PA2008), the examination of applications for development consent must rely upon the information provided by applicant?s in relation to land interests. Applicants are required to document land interests, based on their own inquiries, in a Book of Reference (BoR) which must be submitted alongside their application. Based on the information provided in BoRs, applicants are required to provide the Planning Inspectorate with a list of persons with an interest in land to which a compulsory acquisition request relates, and also to notify those persons and other categories of persons referred to in section 57 of the PA2008 of an application which has been accepted by the Inspectorate as of a satisfactory standard to be examined.

Persons notified in the manner described above are automatically afforded status in the examination of nationally significant infrastructure projects which enables them to take part by making written and oral representations, and by attending any site inspections. In addition, the Planning Inspectorate is also required to send those persons all procedural decisions made by an Examining Authority (the Inspector or panel of Inspectors appointed to examine an application) over the course of an examination.

Mr Runnalls was described within the BoR submitted by Cornwall Council as the owner of Treswigga Farm; hence the address is receiving procedural decisions marked for his attention. In response to your statement that ownership of the farm changed in 1998, I must emphasise that it would be unlawful for the BoR to be amended by the Inspectorate at this stage of the process. Whilst correspondence must continue to be sent to Mr Runnalls at Treswigga Farm, I have forwarded your email to the Council for its consideration of the change in ownership. I would anticipate that a response will be provided to you shortly.

In response to your registration at Blisland Village Hall in 2013; this exhibition is likely to have been one of Cornwall Council?s pre-application consultation events held on 10 and 11 of January and 23 and 24 May of last year. To take part in the examination of the application, persons whom were not notified in the manner described in paragraph one and whom did not fall within any of the other categories set out in section 102(1)(a) to (e) of the PA2008 were required to register with the Planning Inspectorate to become an interested party by making a ?relevant representation?. This period was advertised by Cornwall Council and ended on 22 November 2013.

If, as your email suggests, you are a resident of land formerly owned by Mr Runnalls which would be subject to powers of compulsory acquisition were development granted and the Order made in its present form, and you were not notified of the accepted application, the ability for you to become an interested party has not elapsed. You may make an application to the Examining Authority to become an interested party using the form available at the following link: http://infrastructure.planningportal.gov.uk/interested-party-request-form.php?project=TR010014

If in the meantime you wish to keep up to date with the progress of the examination, all of the documents attributed to it have been published to the project webpage on the Planning Portal, here: http://infrastructure.planningportal.gov.uk/projects/South%20West/A30-Temple-to-Higher-Carblake-Improvement/