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Advice to Marrons

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Enquiry

From
Marrons
Date advice given
19 January 2012
Enquiry type
Email

Where land is potentially subject to Special Parliamentary Procedure but is not being acquired, does it need to be included in Part 4 of the Book of Reference.

Advice given

The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (APFP) Regulation 7(d) requires that Part 4 of the Book of Reference should specify the owner of any Crown interest in the land which is proposed to be used for the purposes of the order for which application is being made; this is irrespective of whether it is proposed to be compulsorily acquired or not. Secondly, Part 4 of the Book of Reference refers specifically to Crown land and not any other categories of land. Thirdly, Special Parliamentary Procedure (SPP) in respect of local authority and statutory undertakers land only applies where it is proposed to compulsorily acquire land or rights over land (Planning Act 2008 s.128(2)) and the condition in PA 2008 s.128(3) is met. Finally, SPP may also apply in certain circumstances to "special category land" as defined in Regulation 2(1) of the APFP Regulations 2009.