Schedule 2 Appeal Questionnaire
PLANNING AUTHORITY PLANNING QUESTIONNAIRE THE HIGH SPEED RAIL (WEST MIDLANDS – CREWE) ACT 2021 APPEAL/CALL-IN OF REQUEST FOR APPROVAL UNDER SCHEDULE 17 BY…………………………………………………………………………………………… GRID REF……………………………………………………………………………………. SITE………………………………………………………………………………………….. In the event of an appeal under paragraph 23 of Schedule 17, please complete this questionnaire and send copies together with any enclosure to the Planning Inspectorate and the nominated undertaker within a period of 14 days beginning with the date notified as the starting date of the appeal. | ||
| A. APPEAL QUESTIONS | ||
| 1. Can the relevant part of the appeal site be seen from the road, public foot path, bridleway or other public land? | YES/NO | |
2. Is it essential for the Inspector to enter the site to assess the impact of the proposal? If YES, please explain: | YES/NO | |
| 3. Are there any health and safety issues that would affect the conduct of the site inspection? | YES/NO | |
| 4. Does the appeal/call-in relate to a request for approval under the provisions of Schedule 17 to the High Speed Rail (West Midlands – Crewe) Act 2021 pertaining to: | ||
| (a) A qualifying authority? | YES/NO | |
| (b) A non-qualifying authority? | YES/NO | |
| 5. Does the appeal /call-in relate to a request for approval of: | ||
| (a) Detailed plans and specifications under paragraph 2 or 3 of Schedule 17? | YES/NO | |
| (b) Matters ancillary to development under paragraph 4 of Schedule 17? | YES/NO | |
| (c) Matters concerning the arrangements for road transport under paragraph 6 of Schedule 17? | YES/NO | |
| (d) Development consisting of waste and spoil disposal and excavation under paragraph 7 of Schedule 17? | YES/NO | |
| (e) Bringing scheduled works and depots into use under paragraph 9 of Schedule 17? | YES/NO | |
| (f) A mitigation scheme under paragraph 9(4)(b) of Schedule 17? | YES/NO | |
| (g) Site restoration under paragraph 8(1) or 12 of Schedule 17? | YES/NO | |
| (h) Additional details under paragraph 2(3), 3(4) or 7(4) of Schedule 17? | YES/NO | |
| (i) Non-material changes to any approval under paragraph 21 of Schedule 17? | YES/NO | |
6. Is there any known surface or underground mineral interest at or near (within 400 metres of) the site which is likely to be a material consideration in determining the appeal/call in? If YES, clearly label and attach details to this form. | YES/NO | |
7. Does the development directly affect the line of a footpath, bridleway or highway? If YES, please state the reference numbers here: | YES/NO | |
8. Are there any appeals/requests under the Act for approval relating to the same site or neighbourhood which have still to be determined? If YES, please state the reference numbers here: | YES/NO | |
9. Have there been any appeals under the Act determined or requests for approval refused but not appealed against relating to the same site? If YES, please state reference numbers here: | YES/NO | |
| 10. Is the appeal site within: | ||
| (a) A Green Belt? | YES/NO | |
| (b) An area of Outstanding Natural Beauty? | YES/NO | |
11. Is the site in a Conservation Area? If YES, clearly label and attach a plan of the Conservation Area to this form. | YES/NO | |
12. (a) Does the proposed development involve the demolition, alteration or extension of a listed building? If YES, it is a: | YES/NO | |
(i) Grade I | YES/NO | |
| (ii) Grade II* | YES/NO | |
| (iii) Grade II | YES/NO | |
Date of listing | ||
Include here a description of the proposed development of the appropriate High Speed Rail (West Midlands – Crewe) Act 2021 Heritage Deed* (please note that, under the relevant heritage deeds entered into by the nominated undertaker, there is a separate procedure for handling heritage disputes). *The term “Heritage Deed” is the legal name for “Heritage Agreement” which is referenced in the Heritage Memorandum; one of the suite of documents making up the Environmental Minimum Requirements. | ||
(b) Would the proposed development affect the setting of a listed building? If YES, clearly label and attach a copy of the relevant listing description to this form. | YES/NO | |
13. Would the proposed development affect an ancient monument (please note, that under the appropriate High Speed Rail (West Midlands – Crewe) Act 2021 Scheduled Monument Agreement* entered into by the nominated undertaker, there is a separate procedure for handling disputes)? *The term “Scheduled Monument Agreement” is the legal name for “Heritage Agreement” which is referenced in the Heritage Memorandum; one of the suite of documents making up the Environmental Minimum Requirements. | YES/NO | |
If YES, was Historic England consulted? If YES, clearly label and attach a copy of any comments from Historic England to this form. | YES/NO | |
|---|---|---|
14. Is any part of the site subject to a Tree Preservation Order? If YES, clearly label and attach a plan showing the extent of the Order and any relevant details to this form. | YES/NO | |
15. (a) Is the appeal site in or adjacent to or likely to affect an SSSI and/or an Internationally designated site (i.e. cSAC, SAC, pSPA, SPA, Ramsar)? If YES, clearly label and attach any comments from Natural England to this form. | YES/NO | |
(b) Are there any protected species likely to be affected by the proposals? If YES, clearly label and attach details to this form. | YES/NO | |
| B. APPEAL DOCUMENTATION | ||
| 1. Copies of the following documents must, if appropriate, be enclosed with this questionnaire. | No. of documents or “NA” if not applicable | |
(a) Any direction made by the appropriate Ministers, apart from those made under Schedule 17, relevant to the appeal/call-in; | ||
(b) Any comments from other Government Departments or statutory agencies/undertakers; | ||
(c) Any representations received as a result of notification of the request for approval under Schedule 17; | ||
(d) Details of any other requests/applications or matters currently before the Authority relating to the same site; | ||
(e) In the case of appeals against non-determination, details of considerations likely to have been relevant to the Authority’s decision; | ||
(f) Extracts from any relevant statutory development plan policies (even if you intend to rely more heavily on the emerging plan). You must include the front page, the title and date of the approval/adoption, and give the status of the plan. Copies of the policies should include the relevant support text. You must provide this even if the appeal is against non-determination. Clearly label and list the policies below: | ||
(g) Extracts from any supplementary planning guidance that you consider necessary, together with its status, whether it was the subject of public consultation and consequent modification, whether it was formally adopted and if so, when: | ||
(h) Extracts from any supplementary planning document that you consider necessary, together with the date of its adoption. In the case of emerging documents please state what stage they have reached; | ||
(i) A list of conditions which are considered to be imposed if permission is granted or that are permitted to be imposed on approval with the agreement of the nominated undertaker under paragraphs 4(7) and 6(6) and 7(10) of Schedule 17 to the High Speed Rail (West Midlands – Crewe) Act 2021; | ||
(j) Any other relevant information or correspondence the Authority consider the Inspector should be aware of; | ||
(k) A copy of the letter with which you notified people about the appeal (if any), together with a list of the people you notified; | ||
(l) Representation from interested parties about the request for approval; | ||
(m) The Planning Officer’s report to committee (if any); | ||
(n) Any relevant committee minute; and | ||
(o) Extracts from any relevant plans and policies and explanations for these. Each extract should include the front page, showing the title of the plan and date of approval or adoption. Where plans and policies have not been adopted, the stage and status of the plan should be given. | ||
2. Do the documents listed above comprise the Authority’s statement of case? If NOT, then the statement of case should be submitted within a period of 21 days beginning with the date notified as the starting date of the appeal. | YES/NO | |
C. AUTHORITY DETAILS Name of Planning Authority…………………………………………………………. Address………………………………………………………………………………. ………………………………………………………………Postcode……………… Daytime Telephone Number ………………………………………………………… Email address………………………………………………………………………… Fax Number…………………………………………………………………….......... Inclusion of email address and/or fax number will be taken as consent by the authority to the receipt of electronic transmissions at the address or number. | ||
Authority’s reference ………………………………………………………….... | ||
I certify that a copy of this questionnaire and any enclosures have on this same day been sent to the nominated undertaker Signature………………………….on behalf of………………………Authority | ||
Date of despatch………………………………………………………………… | ||