CPO pubic inquiry: statutory and non-statutory objectors

On Saturday 6 February 2010 those who had written to register their objections to the CPOs connected with the BTP received a pack of papers and a disc of supporting documents from the Department of Transport (DfT) via the Government Office for the North East (GoNE).

Included within the Statement of Case document is a table of objectors. Last year we received legal advice on how objectors are classified which quoted Government guidelines that state:

"…Objectors fall into two categories. A statutory objector is a person who has objected within the stipulated time frame and is:

i) an owner, lessee, occupier or tenant of land within the CPO; or
ii) a person who may have the right to claim compensation either because:
a) they own rights in the land being acquired and these will be interfered with; or
b) the value of their land will or may be reduced as a result of works carried out on the land being compulsorily acquired.

Any other objector, e.g. a third party objector is known as a non-statutory objector. Only a statutory objector has the right to be heard at the Public Inquiry and the Minister is only obliged to hold an Inquiry if there are statutory objectors.”

We were dismayed to see that contrary to the above B&NES has only included those whose land or property is subject to a CPO as a statutory objectors everyone else has been mis-classified as non-statutory objectors even though they clearly fall under section b) of the guidelines.
Naturally we contacted GoNE and asked them to clarify this position. The most recent explanation we have received effectively informs that B&NES decide who is or isn't a statutory objector. We do not accept this, as we understand a public inquiry to be an independent procedure and therefore are perplexed as to how it can be left to B&NES to decide such a fundamental point.
 
From the Newbridge P&R extension perspective there are 28 addresses listed under ‘objections’, of these there are a number that have more than one name attached to the same address (42 company/residents names listed). Of the 28 there are two statutory objectors and 26 non statutory objector addresses. From the non statutory addresses it would appear that all 26 could be classed as statutory objectors under the government guidelines as described above, but certainly 23 addresses would fall into that category. There are only three objectors that might fall into a grey area. In addition, one of the businesses subject to a CPO is not listed anywhere although we have been told they have not entered into any agreement with B&NES.