Knowing how and when to object to Draft Orders can be critical to achieving a successful outcome as strict time limits apply and objections have to satisfy certain minimum criteria to be effective.
Very often much will depend on the form and content of the Draft Orders and professional advice will need to be obtained to determine whether it is likely that a successful challenge can be made. The nature and extent of the land take as well as the availability of alternative land will be taken into account and, in the majority of cases, the technical information provided by the acquiring authority will need to be verified for accuracy and relevance.
The costs involved can be significant and early consideration should be given to cost sharing agreements with other like minded objectors or whether cover may be provided under an existing insurance policy. Importantly, objectors need to bear in mind the fact that whilst costs incurred in submitting an objection may be recoverable from the acquiring authority, the statutory entitlement to costs is dependent upon the objection being upheld.
Whatever the circumstances whether it’s a holding tactical objection in advance of Public Inquiry or the preparation of a full statement of case, the team at Kirkby & Diamond can help you.