Advice to Jonathan Dean
Back to listEnquiry
- From
- Jonathan Dean
- Date advice given
- 31 January 2023
- Enquiry type
If National Grid want to access land for surveys etc, which Act should they gain this under? I assume the Planning Act (2008) While they may have rights of access under other Acts, can they use these Acts for the purpose of a DCO under PA(2008)? If they do gain access under other Acts, is the data and information still valid for a DCO under PA(2098)?
Advice given
For context, the proposed application is currently at the Pre-application stage of the Planning Act 2008 (PA2008) process. Further information about the process can be found at the following link to the National Infrastructure Planning website: https://infrastructure.planninginspectorate.gov.uk/application-process/the-process/. If a developer proposes to make a Development Consent Order (DCO) application under the PA2008, it may apply for authorisation from the Secretary of State under section (s) 53 of the PA2008 for a right to enter land owned by third parties. This must be for specified purposes in connection with a proposed Nationally Significant Infrastructure Project; ie ‘surveying and taking levels’ (s53(1) of the PA2008), and/ or in order to facilitate compliance with the Environmental Impact Assessment Directive and/ or the Habitats Directive (s53(1), s53(1A) and s53(3A) of the PA2008). Please refer to the Planning Inspectorate’s Advice Note Five: Section 53 – Rights of Entry (Planning Act 2008) for more information. We are not able to comment on the other unspecified legislation you have referred to, beyond s53 of the PA2008. However, please refer to section 6 of the ‘Section 53: Rights of entry FAQs’ on the National Infrastructure Planning website which addresses alternative powers regarding access to land: https://infrastructure.planninginspectorate.gov.uk/application-process/frequently-asked-questions/section-53-faq/#6. The acceptability and adequacy of data and information forming part of the DCO application is not formally considered by the Planning Inspectorate until the point at which an application is submitted. The approach to identifying and gathering data and information (including surveys) is a matter for the developer to consider when preparing its DCO application. As the East Anglia Green Energy Enablement (GREEN) application has not yet been formally submitted to the Planning Inspectorate, your first point of contact at this stage should be the developer, National Grid Electricity Transmission (NGET), and we would encourage you to contact NGET directly with any specific queries about its Pre-application activities: EastAngliaGREEN@nationalgrid.com.