Document SCC/LLTC/EX/183: Updated Book of Reference R3 – Clean ______
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Lake Lothing Third Crossing Updated Book of Reference R3 – Clean Document Reference: SCC/LLTC/EX/183 The Lake Lothing Third Crossing (Lowestoft) Development Consent Order 201[*] _________________________________________________________________________ _________________________________________________________________________ Document SCC/LLTC/EX/183: Updated Book of Reference R3 – Clean _________________________________________________________________________ Planning Act 2008 The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Regulation Number: 5(2)(d) PINS Reference Number: TR010023 Author: Suffolk County Council Document Reference: SCC/LLTC/EX/183 Date: May 2019 Lake Lothing Third Crossing Updated Book of Reference R3 – Clean Document Reference: SCC/LLTC/EX/183 --------------------------------------------------------------------------------------------------------------------------- CONTENTS PAGE No. 1 Introduction ........................................................................................................ ii 1.1 Introduction to the Book of Reference .................................................................. ii 1.2 Book of Reference Part 1 ..................................................................................... ii 1.3 Book of Reference Part 2 ..................................................................................... v 1.4 Book of Reference Part 3 .................................................................................... vi 1.5 Book of Reference Part 4 .................................................................................... vi 1.6 Book of Reference Part 5 .................................................................................... vi 1.7 Guide to DCO Documentation............................................................................. vi 1.8 Index to the Book of Reference .......................................................................... viii SCC/LLTC/EX/183 i © WSP 2019 Lake Lothing Third Crossing Updated Book of Reference R3 – Clean Document Reference: SCC/LLTC/EX/183 --------------------------------------------------------------------------------------------------------------------------- 1 Introduction 1.1 Introduction to the Book of Reference 1.1.1 The Book of Reference (‘BoR’) is divided into five Parts as prescribed by Regulation 7(1) of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 (referred to hereafter as ‘the regulations’). Each of the five Parts is summarised below, together with a brief commentary on how the requirements in the regulations and the related definitions in the Planning Act 2008 have been interpreted and applied to the collation of each part of the BoR for the Lake Lothing Third Crossing ('the Scheme’). 1.1.2 The plot references included within the BoR refer to those shown on the Land Plans (application document reference 2.3). 1.1.3 All plot area measurements in the BoR are approximate, as these measurements are given in square metres, and each measurement is rounded up to the nearest whole square metre. 1.2 Book of Reference Part 1 1.2.1 Part 1 of the BoR is described in Regulation 7(1)(a) as follows:- “…Part 1 contains the names and addresses for service of each person within Categories 1 and 2 as set out in section 57 (categories for purposes of section 56(2)(d)) in respect of any land which it is proposed shall be subject to– (i) powers of compulsory acquisition; (ii) rights to use land, including the right to attach brackets or other equipment to buildings; or (iii) rights to carry out protective works to buildings..” 1.2.2 Category 1 persons are defined within section 57 of the Planning Act 2008 as those who own, lease, hold a tenancy in relation to, or occupy land within the Order limits. 1.2.3 Category 2 persons are those who have an interest in land within the Order limits or have the power to sell and convey or to release such land. 1.2.4 Part 1 of the BoR contains the names and addresses of each person within Category 1 and 2. For each plot, a description of the land and its approximate area are provided. SCC/LLTC/EX/183 ii © WSP 2019 Lake Lothing Third Crossing Updated Book of Reference R3 – Clean Document Reference: SCC/LLTC/EX/183 --------------------------------------------------------------------------------------------------------------------------- 1.2.5 The description of each plot also includes reference to the principal land use power(s) sought in the draft DCO in respect of that particular plot: • In respect of plots shaded pink on the Land Plans, where the Applicant proposes to acquire the land (on an outright and permanent basis), the plot description includes this wording: “All interests and rights in…” • In respect of plots shaded blue on the Land Plans, where the Applicant proposes to create and acquire new rights over land (including the right to impose restrictive covenants to protect the new bridge), the plot description includes this wording: “Acquisition of rights over…” • In respect of plots hatched pink and blue on the Land Plans, where the Applicant proposes to acquire airspace and new rights over land (including the right to impose restrictive covenants to protect the new bridge), the plot description includes the wording “Acquisition of airspace above and acquisition of rights over…” • In respect of plots shaded green on the Land Plans, where the Applicant proposes to possess and use land temporarily, the plot description includes this wording: “Temporary possession and use of…” 1.2.6 The four categories of wording described above cross-refer to articles in the draft DCO as follows: • “All interests and rights in…” – the compulsory acquisition of land pursuant to article 22 of the draft DCO. • “Acquisition of rights over…” – the creation and compulsory acquisition of new rights over land pursuant to article 25 of the draft DCO. • “Acquisition of airspace and acquisition of rights over land…” – the compulsory acquisition of airspace and the creation and compulsory acquisition of new rights over land beneath that airspace, pursuant to article 26 of the draft DCO. • “Temporary possession and use of…” – the temporary possession and use of land for the purposes of carrying out the authorised development pursuant to article 32, and for the purposes of maintaining the authorised development pursuant to article 33 of the draft DCO. SCC/LLTC/EX/183 iii © WSP 2019 Lake Lothing Third Crossing Updated Book of Reference R3 – Clean Document Reference: SCC/LLTC/EX/183 --------------------------------------------------------------------------------------------------------------------------- 1.2.7 The information above (in paragraphs 1.2.5 – 1.2.6) is summarised in the following table: Colour of plot Wording used in Land use power Principal relevant on Land Plans BoR plot description sought DCO article Pink “All interests and Compulsory acquisition Article 22 rights in…” of all interests and rights in land (including, as required, subsoil, surface land or airspace) Blue “Acquisition of Creation and Article 25 rights over…” compulsory acquisition of new rights (including, where necessary, a right to impose restrictive covenants to protect the new bridge structure) Hatched pink “Acquisition of Compulsory acquisition Article 26 and blue airspace above and of airspace together acquisition of rights with the creation and over…” compulsory acquisition of new rights (including, where necessary, a right to impose restrictive covenants to protect the new bridge structure) below that airspace Green “Temporary Temporary possession Articles 32 & 33 possession and use and use of land of…” SCC/LLTC/EX/183 iv © WSP 2019 Lake Lothing Third Crossing Updated Book of Reference R3 – Clean Document Reference: SCC/LLTC/EX/183 --------------------------------------------------------------------------------------------------------------------------- 1.3 Book of Reference Part 2 1.3.1 Part 2 of the BoR is described in Regulation 7(1)(b) as follows:- “…Part 2 contains the names and addresses for service of each person within Category 3 as set out in section 57;” 1.3.2 Category 3 persons are defined in section 57 as those who would or might be entitled to make a ‘relevant claim’ (being a claim under section 10 of the Compulsory Purchase Act 1965 and / or under Part 1 of the Land Compensation Act 1973 and / or under section 152(3) of the Planning Act 2008 as a result of the implementation of the Development Consent Order, as a result of that order having been implemented, or as a result of the use of the land once that order has been implemented. 1.3.3 It is considered that Category 3 includes Category 1 owners where land is not being acquired and all Category 1 lessees and tenants. Category 3 contains persons with interests in land within the Order limits. Category 3 also contains persons with interests in land outside the Order limits who, it is considered, might be able to make a relevant claim (as defined above). 1.3.4 Part 2a of the BoR contains the names and addresses of all those Category 3 persons with interests in land within the Order limits, who it is considered might be able to make a relevant claim. For each plot, a description of the land and its approximate area are provided. Part 2b contains the names and addresses of all those Category 3 persons with interests in land outside the Order limits who, it is considered, might be able to make a relevant claim (as defined above). 1.3.5 Part 2 of the BoR has been divided