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Advice to James Hose

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Enquiry

From
James Hose
Date advice given
3 September 2018
Enquiry type
Email

Following the submission for a DCO made by Riveroak I would like to ask about compulsory acquisition.

I believe, as part of their submission Riveroak are asking for a compulsory acquisition of the land currently owned by Stonewall Park and others. If the DCO is successful is the compulsory acquisition also granted as part of that application or are both issues decided separately.

Is it possible that the DCO be granted and the Compulsory acquisition of land be refused, or visa versa?

Are both issues considered together or do objectors need to address each issue separately?

Advice given

In summary, proposed Compulsory Acquisition powers are subject to discrete tests in the Planning Act 2008 (PA2008) - see sections 122 to 134: https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/legislation/. The Secretary of State will therefore necessarily reach discrete conclusions about (i) the case for the development and (ii) the case for Compulsory Acquisition.

If in any applicable case the Secretary of State is not satisfied that it is appropriate to grant some or all of the Compulsory Acquisition powers sought in a Development Consent Order (DCO), the DCO can be made in modified form with some or all of the proposed Compulsory Acquisition powers deleted. Conversely however, a DCO cannot be made if it does not include development for which development consent is required ie a DCO cannot grant Compulsory Acquisition powers alone.

In respect of making a Relevant Representation* about a Proposed Development, it will assist the appointed Examining Authority if comments relating to the potential impacts of proposed Compulsory Acquisition powers are made clear in the Relevant Representation eg under a separate heading. It is not however necessary or encouraged to submit separate Relevant Representations about (i) the case for the development and (ii) the case for Compulsory Acquisition.

Please see 'Planning Act 2008: guidance related to procedures for the Compulsory Acquisition of land' for more information: https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/guidance/