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Advice to Kelly Bowhill

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Enquiry

From
Kelly Bowhill
Date advice given
5 September 2014
Enquiry type
Email

Request for information about participation in compulsory acquisition hearings.

Advice given

The Examining Authority (ExA) are required to judge whether there is a compelling case in the public interest for compulsory acquisition (CA) of land. In doing so, they will balance potential public benefits of the project with the losses of affected parties. Government guidance has been produced about CA (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236454/Planning_Act_2008_-_Guidance_related_to_procedures_for_the_compulsory_acquisition_of_land.pdf), and also about how hearings are handled (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/192673/Planning_Act_2008_-_Guidance_for_the_examination_of_applications_for_development_consent.pdf).

The ExA have started to investigate the CA case through written questions, but will probe further at Compulsory Acquisition Hearings planned for 30 September, 1, 2 and 3 October 2014. At the first hearing, the ExA will investigate general considerations, such as the applicant?s reasoning for seeking to acquire land or rights compulsorily, and whether they have the ability to pay for such. The ExA will then investigate the implications for individual plots ? either at their own instigation, or where objections have been received. I note the objection which you provided us in March this year ? xxxx [personal information removed] xxxx

The ExA will have received and considered your original objection. If you wish to make your case in person to the ExA, then please do so at one of the Compulsory Acquisition Hearings. It is not a requirement that you attend, but the opportunity is available for that purpose. You may bring legal representation, but it should not be necessary to do so. The ExA aim to act in a proportionate manner, and will not make unreasonable demands of you. You (or your representative) will be asked to summarise your objection to the acquisition, and the ExA may ask you questions about your position, and factual questions about your land. The applicant will be asked to respond, and you may then reply to this if you feel corrections are needed. The aim of the hearings is not to reach agreement between the parties, although this is desirable. The aim is for the ExA to gather the information which they need in order to make a judgement about the matter. They will continue to question both parties until they are satisfied that they have this information.

Thank you for offering a preferred time slot, which we will endeavour to meet. The agenda will be prepared in the coming weeks and your request will be taken into account. Owing to the nature of the hearing, it is not possible to guarantee a start or finish time for the discussion of your plot, but you are not expected to stay all day.