Advice to The Treasury Solicitor's
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- From
- The Treasury Solicitor's
- Date advice given
- 28 November 2011
- Enquiry type
- Phone
Margaret Barry of the Treasury Solicitor's called in regard to the recently issued Rule 9 'notice of procedural decision' letter for the Ipswich Rail Chord. Ms Barry queried the land in question and asked for advice on its identification.
Advice given
Dear Margaret,
Thank you for your telephone query on 25 November 2011 in regard to the IPC letter dated 15 November 2011 - 'Notice of procedural decisions made at and following the Preliminary Meeting regarding an application for the proposed Ipswich Rail Chord, 1km north of Ipswich Goods Yard'. I have the following information for you which I trust will be of use:
As per section 59 of the Planning Act 2008 ('the Act') the developer is under a duty to supply to the Commission a notice of persons interested in land to which a compulsory acquisition request relates.
The developer has identified the Treasury Solicitor as an 'affected person' and has listed your organisation within the notice required under section 59 of the Act and as part of their application documents in the 'book of reference'.
The Treasury Solicitor has been identified by the developer as a 'Category 1' owner under section 44 (1) which is justified below:
'A person is within Category 1 if the applicant, after making diligent inquiry, knows that the person is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land'.
As a result, the Treasury Solicitor is classed as an Interested Party for the purposes of the Ipswich Rail Chord proposal and subsequently, will be kept up to date of any procedural decisions made by the IPC and invited to speak and attend any compulsory acquisition hearings that may be held during the examination period of the project.
I hasten to add however, that the IPC has no discretion as to which consultees prescribed in Category 1 should be consulted. As such, a request from a statutory party asking not to receive correspondence relating to an application on which they have been consulted cannot be honoured as the IPC is under a statutory obligation to consult them. The statutory party however is under no obligation to respond.
The land in question is detailed below as plot number 2; firstly in the Book of Reference:
And secondly, within the land plan:
For your perusal and to aid your understanding of both the IPC process and your position as an affected person, I have included links to the following IPC advice notes:
http://infrastructure.independent.gov.uk/wp-content/uploads/2011/03/Advice-note-8.5-web.pdf - Details the IPC examination process; and
http://infrastructure.independent.gov.uk/wp-content/uploads/2011/03/Advice-note-8.3-web.pdf - Explains how to register and make a relevant representation.
We would be grateful when forwarding this message to the relevant department within the Treasury Solicitor's, that you arrange for correct contact details to be returned to myself for any future correspondence. Our databases will be subsequently updated to avoid any future confusion.