An application has been made to the Secretary of State under section 37 of the Planning Act 2008() (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009() for an order granting development consent.
The application was examined by a panel of three members appointed by the Secretary of State as Examining Authority (“the Panel”) in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010().
The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, has, in accordance with section 74(2)() of the 2008 Act, submitted a report and recommendation to the Secretary of State.
The Secretary of State has considered the representations made and not withdrawn, and the report and recommendation of the Panel, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017(), and has had regard to the documents and matters referred to in section 105(2)() of the 2008 Act.
The Secretary of State is satisfied that common land and open space within the Order land, when burdened with any new rights authorised for compulsory acquisition under the terms of this Order, will be no less advantageous than it was before such acquisition, to the persons in whom it is vested, other persons, if any, entitled to rights of common or other rights, and the public, and that, accordingly, section 132(3) of the 2008 Act applies.
The Secretary of State is satisfied that common land within the Order land does not exceed 200 square metres in extent and the giving of other land in exchange for the order right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public, and that, accordingly, section 132(5) of the 2008 Act applies.
The Secretary of State, having decided the application, has determined to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.
The Secretary of State, in exercise of the powers conferred by sections 114(), 115(), 117(), 120(), 122(), 123() and 132() of the 2008 Act, makes the following Order—