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Download the Land Compensation Act 1961 Appeal Form - The Planning

By Howard Ruiz,2014-05-06 00:10
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Download the Land Compensation Act 1961 Appeal Form - The Planning

    The Planning Inspectorate For official use only

    Date received: Land Compensation Act 1961 Section 18 Land Compensation Development Order 1974 Article 4 Ref. no. APP/

Appeal to the First Secretary of State in respect of a certificate of appropriate alternative

    development under section 17 of the Act

Important please see the Notes on page 6, particularly about time limits for appeals

DATA PROTECTION ACT: the Planning Inspectorate is registered under the Data Protection Act

    1984 to hold personal data supplied by you.

Full name(s)

Address

    Post Code Telephone Number Reference number Fax number e-mail

    Are you a) the landowner or b) the acquiring authority ? (Please cross)

    If you are the owner, are you the freeholder or the leaseholder ? (Please cross)

    Name and address of agent or professional representative to whom letters should be sent

    Post Code Telephone Number Reference number Fax number e-mail

Full name(s)

Address

    Post Code Telephone Number Reference number Fax number e-mail

    Is this a) the landowner or b) the acquiring authority ? (Please cross)

    Name and address of agent or professional representative of other party

Post Code Telephone Number

Reference number

Fax number e-mail

     (Rev Mar 2004) 1

Name and address of local planning authority, contact name and telephone number

Name of applicant (if different from appellant)

Address of site and its area in hectares

How is the land being acquired? (Please cross the boxes and supply other requested details)

     Compulsory purchase order If you have crossed this box, please give the name of the order

     By agreement

     Compulsory acquisition by private or hybrid Parliamentary Bill If you have crossed this box, please give the name of the Bill

     By blight notice

     By purchase notice

Date of acquiring authority’s intention to purchase land (A. For most compulsory purchase orders, this is the date of the notice that the order

    has been made. But if the acquiring authority is a Government Department or Agency, this is the date of the notice that the draft order has been made. B. Where acquisition is by agreement, this is the date of the acquiring authority’s initial written offer to negotiate purchase. C. For acquisition by Parliamentary Bill, this is the date of the notice published and served in accordance with the relevant Standing Order of Parliament. D. In the case of blight notices, this depends on whether the notice was opposed. If the notice was unopposed (that is, the authority did not serve a counter-notice objecting to the blight notice) the date is two months after service of the notice. If the notice was opposed and then decided by the Lands Tribunal in favour of the server, the date is the one specified as the deemed notice to treat date in the direction of the Tribunal. E. For purchase notices, this depends on whether the notice was accepted locally or referred to the First Secretary of State. So, this is either the date the notice is accepted by the local planning authority or another council or statutory undertakers, or the date of confirmation by the Secretary of State.)

Date and reference number of application

Date of decision (if any)

    Give the class(es) of development specified in the application and the time when you consider that planning permission would have been granted (continue on a separate sheet if necessary)

    4.1. You must supply one copy of the following, either with this form or no later than one month from the date you gave notice of this appeal (notice is either the date we receive this form or the date of an earlier letter from you giving notice). We can give an extension of time if you have a

    good case, but we can only do this before the expiry of the month. If you do not meet this requirement, which is statutory, your appeal is deemed to have been withdrawn. Please place a cross in the relevant boxes:

? the application to the local planning authority, including the map or plan that accompanied it;

    ? the certificate (if any) issued by the local planning authority;

    ? a statement of the grounds of appeal (see page 5 of this form).

4.2. We also need one copy of the following to check the validity of your appeal:

    ? the statement specifying the date on which a copy of the application was served on the other party directly concerned (this only applies if

    you made the application);

    ? the acquiring authority's notice of intention to purchase of the land we mean by this either:

     (Rev Mar 2004) 2

     ? in the case of compulsory acquisition by a public authority (such as a local authority or statutory undertaker) notice of the

    making of the compulsory purchase order; or

     ? in the case of compulsory acquisition by a government department, notice of the publication of the draft compulsory purchase

    order; or

     ? notice of the acceptance or confirmation of a purchase notice or blight notice; or

     ? the initial written offer to negotiate acquisition by agreement;

? any plan that accompanied the acquiring authority's notice of intention to purchase of the land

? a plan showing the appeal site;

? copies of any other relevant correspondence.

* Delete as appropriate

    5.1. *I/we appeal to the First Secretary of State under section 18 of the Land Compensation Act 1961 against

    * A the certificate issued by the local planning authority under section *17(4)(a)/17(4)(b) of the Act on and received by *me/us on * B (where the authority has not issued a decision) the certificate under section 17(4)(b) of the Act that is deemed to have been issued by the local

    planning authority.

5.2. *I/we

*C enclose all the items in Section 4.1 of this form.

    *D cannot at present supply the documents that *I/we have not ticked in Section 4.1 above but will do so within the statutory period of one month from today. *I/we understand that if *I/we do not supply the missing documents within this period, my/our appeal will be treated as

    withdrawn, as provided by article 4(4) of the Land Compensation Development Order 1974.

    *E cannot at present supply the documents not ticked in Section 4.1 above and will not be able to do so within one month as specified in article 4(3). The reason for the delay is

     *I/we hereby apply to the Secretary of State under article 4(3) for an extension of time of months until *I/we understand that if *I/we do not supply the missing information within this extended period, my/our appeal will be treated as withdrawn as provided by article 4(4) of the Order, unless the First Secretary of State grants a further extension of time before the expiry of the first extension.

5.3. *I/we

*F enclose all the documents in Section 4.2 of this form.

    *G cannot at present supply the documents not ticked in Section 4.2 of this form but will do so within one month from today. *I/we understand that the appeal cannot be processed until these documents have been provided.

Signature(s) (on behalf of)

Name (BLOCK LETTERS) Date

Please tick the relevant boxes.

     Written representations

     The whole site can clearly be seen from a road or other public land.

     The site cannot be adequately seen unless the Inspector enters private land

     Inquiry Please give reasons why an inquiry is necessary

     (Rev Mar 2004)

    3

    Now check that you have

    ? completed the whole form

    ? put in all the enclosures you have ticked in Section 4 of the form

    ? stated the full grounds of appeal on page 5

    Then send:

    1st COPY to The Planning Inspectorate

    Room 3/17 Eagle Wing

    Temple Quay House

    2 The Square

    Temple Quay

    BRISTOL, BS1 6PN

    FAX 0117 372 8181

    ? 0117 372 8607

    2nd COPY to the other party directly concerned with the acquisition (landowner or acquiring authority) rd3 COPY to the local planning authority who issued (or should have issued) the certificate. th4 COPY for you to keep.

     (Rev Mar 2004)

    4

About us

    1. We are an Executive Agency within the Office of the Deputy Prime Minister. From our office in Bristol, we arrange inquiries and site

    visits into many different kinds of appeals.

    2. Planning Inspectors have different backgrounds. These include town planning, surveying, engineering, architecture and law. We choose Inspectors very carefully and train them thoroughly. They generally work from home. For some very complex inquiries, we may appoint an assessor to assist the Inspector on special aspects of the application (for example, noise or pollution).

    3. We have to do a certain amount of administrative work before inquiries and site visits. This is dealt with by case officers. We always give their names, telephone and fax numbers. We endeavour not to change the case officer allocated to a particular appeal unless we are forced to (for example, through illness). You will normally benefit from a single contact point throughout the course of an appeal.

Inquiries

    4. The appellant and the other party directly concerned with the acquisition

    1 have a right to appear before, and be heard by, an Inspector 2before the First Secretary of State decides the appeal. Where you or the other directly concerned party exercise this right, we arrange an

    inquiry. This is always held in public. After the inquiry, the Inspector submits a report with his or her conclusions and recommendation to the

    First Secretary of State. The report is made available with the decision.

    5. The local planning authority does not have a right to be heard, unless they are also the acquiring authority.

    6. The First Secretary of State has the power to hold an inquiry3 even if nobody has asked for one. Of course we always listen very

    carefully to what the parties tell us. But if an appeal is complex and can only be adequately and fairly dealt with at an inquiry, we may

    occasionally exercise this power on behalf of the First Secretary of State.

    Written representations

    7. Wherever possible, with the agreement of the parties, we do not hold an inquiry. Instead the First Secretary of State decides the

    appeal on the basis of an exchange of written statements by the parties and a site visit by an Inspector. His or her report is made available just

    as if an inquiry had been held. For the more straightforward appeals, this procedure normally leads to a quicker decision.

    Time limits for making appeals and supplying certain information

    8. You must give written notice of an appeal under section 18 within a specified time4. This is

    ? within one month of receiving the certificate from the local planning authority;

    ? if no certificate has been issued, within one month of the date when the local planning authority should have issued it (the authority

    should have issued a certificate within two months from the date they received the application, unless you and the other directly

    concerned party have agreed a longer period with them).

    The First Secretary of State has no power to extend the time for giving notice of an appeal under section 18.

    9. After you have given notice of appeal you have a further month to submit a copy of the application to the local planning authority, the

    certificate issued by them (if any) and the statement of your grounds of appeal. The law provides that your appeal is deemed to be withdrawn if

    you do not provide these documents in time. Although the First Secretary of State has power to extend this time, you must obtain his or her

    consent (from us) before that one month period has expired. Of course, your appeal can be processed faster if all documentation and

    information is provided with the notice of appeal, but we recognise that this is not always possible (particularly if you are the landowner). The

    local planning authority should be able to help in cases of difficulty.

    Informing the other party directly involved and the local planning authority

    10. You must copy your appeal to the other party directly concerned and the local planning authority.

     1 The parties directly concerned are the landowner and the acquiring authority. 2 Section 18(3) of the Land Compensation Act 1961. 3 Section 37 of the Land Compensation Act 1961. 4 Article 4 of the Land Compensation Development Order 1974.

     (Rev Mar 2004) 5

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