1. Section 51 advice
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Meeting with Highways England

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Enquiry

Meeting with
Highways England
Date of meeting
29 January 2016
Enquiry type
Meeting

Are you aware of cases where the issue of Special Category Land and more specifically replacement/exchange land has arisen.

Advice given

We have examples of where a project has proposed compulsory acquisition of common land or open space ? most notably Thames Tideway Tunnel ? however, those applications were determined before the Planning Act 2008 was amended so the procedure was different: http://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/WW010001/3.%20Post%20Decision%20Information/Decision/s131_and_132_Open_Space_Certificate_Report.pdf

We are aware that a current project, North London Heat and Power (currently in Pre-Examination stage, due to move into Examination on 24th February 2016) is requesting to acquire open space land but are seeking an exemption from Special Parliamentary Powers. More information is included in their Statement of Reasons, Section 10: http://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/EN010071/2.%20Post-Submission/Application%20Documents/Compulsory%20Purchase%20Information/AD04.01_CPO_Statement_of_Reasons.pdf