Land Interest Questionnaires delivered as part of the Upper Orwell Crossings project

Published

During the week beginning 16 July 2018, Suffolk County Council sent out approximately 3,000 Land Interest Questionnaires (LIQs).

The questionnaires are part of the work we are doing in preparation for the forthcoming consultation on the Upper Orwell Crossings.

This is one of a number of ways that we will seek to ensure we have all the required information about land that may be affected by, or is in the vicinity of, the Upper Orwell Crossings. It is a required part of the consenting process that must be completed ahead of formal consultation which will be taking place this autumn.

We should emphasise that receipt of a letter does not mean that your property or land is directly affected by the scheme.

The LIQs are being sent to specific addresses around the locations of the crossings. The area was selected based on preliminary analysis of the noise impacts of traffic using the scheme.

The information from the LIQs is used to ensure those in this area are consulted directly in the autumn. It does not mean their property is required for the scheme.

This area will be refined through ongoing analysis and further information will be sent to those in the updated area before the application is submitted to the Secretary of State in 2019.

All residents and interested parties will be able to respond to the public consultation in the autumn, whether you have received an LIQ or not.

The Planning Inspectorate has a frequently asked questions page in the section on Community Consultation.

The following information is listed:

Why have I received a land referencing questionnaire? Do I have to complete it?

If a proposed Development Consent Order (DCO) seeks powers of Compulsory Acquisition and/or Temporary Possession, sections 44, 57 and 59 of the Planning Act 2008 (PA2008) establish that, in seeking to identify all land interests and persons who may be entitled to make a relevant claim, an applicant must make diligent inquiry.

Paragraph 50 of the Department for Communities and Local Government’s Planning Act 2008: Guidance on the pre-application process explains:

“It is the Applicant’s responsibility to demonstrate at submission of the application that due diligence has been undertaken in identifying all land interests and applicants should make every reasonable effort to ensure that the Book of Reference (which records and categorises those land interests) is up to date at the time of submission.”

Issuing land referencing questionnaires is one of a number of approaches routinely applied by applicants in seeking to identify all land interests and therefore satisfy the due diligence test set out in the PA2008. In consideration of this test, the land referencing process, from an applicant’s perspective, has an important role in the preparation of an application for a DCO which seeks powers of Compulsory Acquisition and/ or Temporary Possession. From the perspective of a person with an interest in the land, volunteering details about their interest(s) in land to an applicant will help to ensure that their interest(s) are reflected accurately in any application, and ensure that their ability to engage in the examination of that application is not compromised.

For these reasons, the Planning Inspectorate therefore encourages recipients to volunteer responses to land referencing questionnaires at the appropriate time. Failing to respond to an applicant’s land referencing exercise may have implications for a person’s ability to engage effectively in any Examination that follows.

Notwithstanding this, questionnaire recipients are not mandated to volunteer information about their interest(s) in land to an applicant, if they do not wish to do so, and choosing to withhold information about land interests would not compromise any future claims by a person for compensation under the Compulsory Purchase Act 1965; the Land Compensation Act 1973; and/ or s152 of the PA2008.

If you require assistance completing the LIQ, please contact a member of the WSP team on 020 3057 2119 or email upperorwellcrossings@wsp.com.

If you have any queries relating to the project, but unrelated to the LIQ or Plan, please contact the Suffolk County Council Information Line on 0345 603 1842 or email upperorwellcrossings@suffolk.gov.uk.