8. Cover Letters

Cover letters form part of the application record. They may be relied upon by objectors and considered during the objection or inquiry stages. Care should therefore be taken to ensure that their content is accurate, proportionate, and supported by evidence.

Purpose of a cover letter

A cover letter should give a concise narrative account of how the decision to apply for a Vesting Order was reached, with due regard to:

• the public purpose served by the proposed works;
• the proportionality of the land or rights sought in relation to that purpose;
• the rights and livelihoods of Estate Holders affected; and
• the consideration of reasonable voluntary alternatives.

It should help the reader understand how the application meets the principles that govern the use of compulsory acquisition powers, without restating the full detail contained in the application documents.

Format and length

A cover letter should:

• be on the applicant’s letterhead;
• be concise and no more than two sides of A4; and
• be signed by an authorised representative of the Licence Holder applying for the Vesting Order.
• The subject line and opening paragraph should clearly identify the application and its purpose.

Information to include at the outset

At a minimum, the opening section of the letter should:

• identify the land proposed to be vested, by location and/or address;
• state what the land is required for;
• refer to the licence (for example, a transmission or distribution licence) that empowers the applicant to seek a Vesting Order for that purpose.

Explaining the decision to vest

The main body of the letter should explain how the decision to apply for a Vesting Order was reached. This should include:

Process and engagement

• confirmation that a fair, transparent and impartial process was followed; and
• a summary of good‑faith efforts made to identify and notify all Estate Holders, with reference to supporting documentation where relevant.

Justification for this land

• an explanation of why this particular plot or parcel of land is required;
• how it was selected over other local alternatives; and
• how the proposal serves a wider public need or benefit.

Proportionality

• confirmation that only land or rights proportionate to the need are being sought; and
• an explanation of how the impact on affected parties has been minimised.

Alternatives considered

• a summary of voluntary solutions explored and why they were not successful; and
• consideration of alternative plots or alignments, even where these were ultimately less suitable.

Impact on rights and livelihoods

how the application seeks to limit interference with rights and livelihoods, for example through plot selection, scope of rights sought, or design choices.

Evidencing claims

Statements made in the cover letter should be based on verifiable facts and data, and should be supported where possible by references to documents submitted with the application.

Applicants should avoid speculative or emotive language. The purpose of the letter is to explain and contextualise the application, not to invite debate or objection.

Applicants should also bear in mind that vesting should be viewed as a measure of last resort, and the tone of the letter should reflect that position.

Responsibility and signature

The cover letter must be submitted by the Licence Holder applying for the Vesting Order and should be signed by an individual authorised to act on the applicant’s behalf.