SEE BELOW
Enforcement against development on Common Land that has no consent - if INNOGY overstep the boundaries of their consent:-
Keep these important links on file – to use if INNOGY oversteps their precise consented boundaries on Mynydd y Gwair common land via the “Exchange Process”. Don’t give an inch !
From: Harvey, Gareth [mailto:Gareth.Harvey@pins.gsi.gov.uk]
Sent: 03 January 2017 10:30
Subject: RE: Access Track for proposed Wind Turbines for Mynydd y Gwair has a gap at Bolgoed Pontarddulais
Sent: 03 January 2017 10:30
Subject: RE: Access Track for proposed Wind Turbines for Mynydd y Gwair has a gap at Bolgoed Pontarddulais
Thank you for your email. I can confirm that the Planning Inspectorate has not received any fresh common land applications from Innogy. The Planning Inspectorate is not able to advise whether or not specific proposed works require consent under Section 38 of the Commons Act 2006. You may wish to refer to the information provided in our guidance note ‘General Overview for making an application under Section 16 and Section 38’ (please see the link below). Section 38 of the Commons Act 2006 gives a definition of ‘restricted works’, and if you require further clarification you may wish to seek your own independent advice.
Please may I bring to your attention section 41 of the Act, where any person may apply to the courts for enforcement action if they consider works are being carried out in contravention of section 38 of the Act.
http://gov.wales/topics/environmentcountryside/farmingandcountryside/common/commonsact2006/commons-act-2006-section-38-works-on-common-land/?lang=en
gov.wales
Tell us if you want any of the documents on this page in an alternative format. Information on common land in Wales and what to do if you are planning to do work on ...
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I cannot comment any further on these matters.
Regards
Gareth Harvey
Rheolwr Ansawdd a Gwaith Achos Arbenigol / Quality and Specialist Casework Manager
Yr Arolygiaeth Gynllunio / The Planning Inspectorate
Adeilad y Goron / Crown Building
Parc Cathays / Cathays Park
Caerdydd / Cardiff
CF10 3NQ / CF10 3NQ
T/Ff: 029 2082 3894
