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Advice to Emmanuel Pitman

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Enquiry

From
Emmanuel Pitman
Date advice given
31 August 2011
Enquiry type
Phone

Making representations on compulsory acquisition matters

Advice given

I write with further to your telephone conversation on 31 August 2011 with my colleague relating to making representations on compulsory acquisition matters.

Relevant representations should set out a brief summary of the principal submissions to be made at the examination stage. Relevant representations allow the Examining authority (i.e. the single Commissioner or panel of Commissioners appointed to examine the application) to determine the most appropriate method of examining the application. Provided you are satisfied that your client is an interested party for the purposes of s.102 (1) (b) of the 2008 Act, it is for your client to decide whether or not to submit a relevant representation at this stage. If s.102 (1) (b) does not apply then in order for your client to become an interested party it would be necessary to make a relevant representation (s.102 (1) (e)).

Under Section 88 of the 2008 Act, the Examining authority is required to make an initial assessment of issues and hold a preliminary meeting. Interested parties must be invited to this preliminary meeting and are able to make representations about how the application should be examined. Matters discussed at the preliminary meeting will be solely procedural and not about the merits of the application.

Interested parties will have an opportunity to submit more detailed written representations at the appropriate time as set out in the timetable which is set at, or as soon as possible after the end, of the preliminary meeting. The timetable for the examination must be sent to all interested parties and will specify (amongst other matters) the date by which written representations must be received; and the date by which an interested party must notify a wish to be heard at a compulsory acquisition hearing.

If the Commission receives notification from at least on affected person before the deadline, the Examining authority must cause a compulsory acquisition hearing to be held. The Examining authority must also notify all interested parties of any hearings and any site inspections. At the hearing, any oral representation must be based on either the relevant or written representation made by the person by whom or on whose behalf the oral representations are made.

The legislation referred to above together with all other legislation, guidance and advice relating to our process is available on our website at http://infrastructure.independent.gov.uk/legislation-and-advice/.

I trust the above clarifies the matter however please do not hesitate to contact me should you have any further queries.