The Planning Act 2008 has changed the delivery of the Book of Reference.
Accuracy and timing are crucial to a successful application.
The Act requires applicants to make diligent enquiries as to who has an interest in the land subject to the application.
Land interests fall into three categories:
- Reputed owners, lessees, tenants and occupiers
- Those with charges, rights and easements
- Those who may have a claim but have no land taken
An applicant needs to identify all parties with an interest in the land, in order to formally consult with them and satisfy s42 of the Act. Public records including those held by the Land Registry are often out of date and it is not sufficient to rely on these - they need to be verified if at all possible in order to meet the due diligence test.
Land referencing should initially cover a wide area, as basic owner and occupier information may be needed to help arrange access for surveys and ground investigations.
Once a tighter route has been determined from ecology, engineering and landscape requirements then a more in-depth scrutiny of the land interests should be completed, to include all rights, charges and easements.
Careful attention should be made to highway boundaries and the presence of utilities apparatus, as these may not be recorded on titles.
The need for information covering a wider area than the proposed order limits cannot be over-emphasised. The section 42 formal consultation, and engineering refinements, may result in the limits being adjusted and further consultation may be required.
Significant time can be lost attempting to reference additional land, but if the records are already held then any follow-up consultation can begin without delay.
Bruton Knowles has a bespoke software package that enables all land interests to be held electronically, and a revised Book of Reference can be produced very quickly.
There may be areas of land whose’ ownership is unknown. Green lanes are a typical example. Documents may have been lost or the land may not have been registered with the main holding.
In these cases a thorough procedure must be followed to advertise and seek out any reputed owners, including the placing and checking of site notices.
The Book of Reference should include land owned by the Crown, including the Duchies of Cornwall and Lancaster, and Government departments such as the Environment Agency and Highways England.
‘Special Category’ land needs to be identified and can include National Trust, commons, parks and allotments, and land defined as being within the Countryside Rights of Way (CROW) Act. These may require special treatment – compulsory powers may not be available and replacement land may need to be provided as part of the scheme.
The general message is that the Book of Reference is now a complex document which requires careful planning and in-depth research. Flexibility can be provided by obtaining sufficient robust data early on, allowing modifications to be made in order to meet timescales and satisfy the DCO application process.