Notification and Advertising Requirements This note has been prepared on behalf of North Somerset Council in relation to the South Bristol Link public inquiry. It summarises the Council's compliance with the various statutory requirements relating to notification and advertising of the orders and applications which have been made in relation to the Scheme. 1 THE NORTH SOMERSET COUNCIL (SOUTH BRISTOL LINK) COMPULSORY PURCHASE ORDER 2013 1.1 The requirements for advertising this order are found in sections 11 and 12 of the Acquisition of Land Act 1981. They are as follows: Section 11(1) The acquiring authority shall in two successive weeks publish a notice in the prescribed form in one or more local newspapers circulating in the locality in which the land comprised in the order is situated. Section 11(3) In addition, the acquiring authority shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the order. Section 12(1) The acquiring authority shall serve on every qualifying person a notice in the prescribed form. Notice of the making of the order was published in the North Somerset Times on 27 November 2013 and 4 December 2013; the Bristol Post on 28 November 2013 and 5 December 2013; and the London Gazette on 29 November 2013 and 6 December 2013. Site notices were posted along the length of the route on 28 November 2013 and were checked and replaced as necessary until 13 January 2014. Notices were served on 206 parties on 27 November 2013. Each notice enclosed a copy of the order (minus the schedule of interests), a copy of the order maps and a copy of the Statement of Reasons. tabs 1(a) 1(f) of the Site and notices is at tab 1(g) of the Site and of the site notices are at tab 1(hi) of the Burges Salmon have two lever arch files which contain copies of all of the notices served and can produce it for inspection if requested. 1.2 Circular 06/2004 requires that a General Certificate in Support of Order Submission is submitted to the confirming authority. The certificate confirms that the acquiring authority has complied with all of the relevant notification and advertising requirements for the order. A certificate in the form provided in Circular 06/2004 (Appendix T) was submitted to the DfT on 18 February 2014. A copy of this certificate is at tab 1(jk) of the Site and 2 THE NORTH SOMERSET COUNCIL (SOUTH BRISTOL LINK CLASSIFIED ROAD) SIDE ROADS ORDER 2013 2.1 The requirements for advertising this order are found in Part 1 Schedule 1 of the Highways Act 1980. They are as follows:
Paragraph 1 Publish a notice in at least one local newspaper circulating in the area in which any highway, or any proposed highway, to which the order relates is situated, and in the London Gazette. Paragraph 3 The local highway authority shall serve a notice on each person specified in such head or heads of the Table set out at the end of this paragraph as apply in the case of the order in question. Paragraph 4 The local highway authority shall cause a copy of the notice to be displayed in a prominent position at the ends of so much of any highway as is proposed to be stopped up or diverted under the order. Notices compliant with this paragraph were published in the North Somerset Times on 27 November 2013, 4 December 2013 and 19 February 2014; the Bristol Post on 28 November 2013, 5 December 2013 and 13 February 2014; and the London Gazette on 29 November 2013 and 6 December 2013. Notices were served on 61 parties on 26 November 2013. The same 61 parties and a further 12 parties were also served with notice on 6 February 2014. Each person notified received a copy of the order (minus the schedule of interests) and a copy of the order maps. Site notices were posted along the length of the route on 28 November 2013 and were checked and replaced as necessary until 13 January 2014. tabs 2(a) 2(hi) of the Site and Burges Salmon have two lever arch files which contain copies of all of the notices served and are happy to produce it for inspection if requested. notices is at tab 2(jk) of the Site and of the site notices are at tab 2(l) of the 3 SECTION 19 APPLICATIONS COMMON LAND 3.1 The requirements for advertising this application are found in section 19 of the Acquisition of Land Act 1981. They are as follows: Section 19(2) - Where it is proposed to give a certificate under this section, the Secretary of State shall direct the acquiring authority to give public notice of his intention so to do. The Secretary of State confirmed his intention to give a certificate on 27 January 2014. A letter from the Planning Inspectorate on the same date enclosed a (a) Notices compliant with the Secretary of State's direction were published in the North Somerset Times on 19 February 2014 and 26 February 2014 and the Bristol Post on 13 February 2014, 27 February 2014 and 6 March 2014. (b) Site notices were posted in the vicinity of the Common on 11 February 2014 and were checked and (a) Copies of the newspaper notices are at tabs 3(a) 3(e) of the Site and (b) A plan indicating the location of the site notices is at tab 3(f) of the Site and of the site notices are at tab 3(g) of the
notice to be published. The letter specified that the notice should be advertised: (a) for two successive weeks in the same local newspapers as the notice of the making of the CPO was published; (b) for copies to be posted in the vicinity of the common land; and (c) a copy to be sent the parish, district and county councils in whose area the common is situated and to the owner of the land. replaced as necessary until 5 March 2014. (c) Notices were served on 15 parties on 13 February 2014 including the commoners, Dundry Parish Council and Bristol and North Somerset Councils. Each person notified received a copy of the Secretary of State's notice and a copy of the Exchange Land Plan. (c) Burges Salmon have one ring binder which contains copies of all of the notices served and can produce it for inspection if requested. 4 SECTION 19 APPLICATIONS OPEN SPACE LAND 4.1 The requirements for advertising these applications are found in section 19 of the Acquisition of Land Act 1981. They are as follows: Section 19(2) - Where it is proposed to give a certificate under this section, the Secretary of State shall direct the acquiring authority to give public notice of his intention so to do. The Secretary of State confirmed his intention to give the certificates on 12 May 2014. Two letters from DCLG on the same date enclosed notices to be published. The letters specified that the notices should be advertised: (a) for two successive weeks in the local newspapers in which notice of the making of the CPO was published; (b) by posting copies of the notice in the vicinity of the land mentioned in it and in the usual places where it is (a) Notices compliant with the Secretary of State's direction were published in the North Somerset Times on 14 May 2014 and 21 May 2014; the Bristol Post on 15 May 2014 and 22 May 2014; and the London Gazette on 16 May 2014 and 23 May 2014. (b) Site notices were posted in the vicinity of the land on 14 May 2014 and were checked and replaced as necessary until 28 May 2014. (c) Notices were served on 84 parties on 13 May 2014. Each person notified received a copy of the Secretary of State's notice and a copy of the Exchange Land Plan for the open space near Long Ashton Park and (a) Copies of the newspaper notices are at tabs 5(a) - 5(f) and 6(a) - 6(f) of the Site and (b) Plans indicating the location of the site notices are at tabs 5(g) and 6(g) of the Site and Newspaper Notice file and photographs of the site notices are at tabs 5(hi) and 6(hi) of the (c) Burges Salmon have two lever arch files which contain copies of all of the notices served and can produce them if requested.
customary to display notices of the Council; and Ride. (c) by sending a copy of the notice to each parish, district and county council in whose area any part of the land is situated; and each qualifying person under s.12 of the 1981 Act or to persons who, if the land was being compulsorily purchased, would be entitled to be served with a notice under s.12 of the 1981 Act. 5 THE NORTH SOMERSET COUNCIL (SOUTH BRISTOL LINK) COMPULSORY PURCHASE ORDER (NO. 2) 2014 5.1 The requirements for advertising this order are found in sections 11 and 12 of the Acquisition of Land Act 1981. They are as follows: Section 11(1) The acquiring authority shall in two successive weeks publish a notice in the prescribed form in one or more local newspapers circulating in the locality in which the land comprised in the order is situated. Section 11(3) In addition, the acquiring authority shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the order. Section 12(1) The acquiring authority shall serve on every qualifying person a notice in the prescribed form. Notice of the making of the order was published in the North Somerset Times on 7 May 2014 and 14 May 2014; the Bristol Post on 8 May 2014 and 15 May 2014; and the London Gazette on 9 May 2014 and 16 May 2014. Site notices were posted in the vicinity of the order land on 7 May 2014 and were checked and replaced as necessary until 21 May 2014. Notices were served on 48 parties on 6 May 2014. Each notice enclosed a copy of the order, a copy of the order map and a copy of the Statement of Reasons. tabs 4(a) 4(f) of the Site and notices is at tab 4(g) of the Site and of the site notices are at tab 4(hi) of the Burges Salmon has one lever arch file which contains copies of all of the notices served and can produce it if requested.
5.2 Circular 06/2004 requires that a General Certificate in Support of Order Submission is submitted to the confirming authority. The certificate confirms that the acquiring authority has complied with all of the relevant notification and advertising requirements for the order. A certificate in the form provided in Circular 06/2004 (Appendix T) was submitted to the DfT on 1 July 2014. A copy of this certificate is at tab 4(jk) of the Site and Newspaper Notice 6 PUBLIC INQUIRY 6.1 The requirements for advertising the inquiry are found in the Compulsory Purchase (Inquiries Procedure) Rules 2007 and the Highways (Inquiries Procedure) Rules 1994. They are as follows: Rule 7 of the 2007 Rules and Rule 16 of the 1994 Rules Serve on each statutory objector a written statement of case for making the Orders, accompanied by a list of all documents which it intends to refer to, or put in evidence, at the inquiry and a notice stating the times and place at which such documents may be inspected. A direction was received from the Secretary of State on 14 May under Rule 11(2) of the 2007 Rules and Rule 20(6) of the 1994 Rules to: (a) post copies of the notice of the inquiry in places in the district where public notices are usually exhibited and in a conspicuous place near the land concerned; and (b) publish the notice of the inquiry in the newspapers in which the notices of the making of the orders were published. Letters were sent to 26 parties on 26 March 2014 enclosing the Statement of Case for the making of CPO 1. A letter was sent to Western Power Distribution (South West) Plc on 27 June 2014 enclosing the Statement of Case for the making of CPO 2. Each Statement of Case contained a document list and each letter stated the times and places at which the documents could be inspected. (a) Site notices were posted in the vicinity of the order land on 28 May 2014 and were checked and replaced as necessary until 25 June 2014. (b) Notice of the inquiry was published in the North Somerset Times on 28 May 2014, the Bristol Post on 28 May 2014 and the London Gazette on 30 May 2014. Burges Salmon has copies of the letters which can be produced if requested. (a) A plan indicating the location of the site notices is at tab 7(d) of the Site and of the site notices are at tab 7(e) of the (b) Copies of the newspaper notices are at tabs 7(a) 7(c) of the Site and