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Advice to June Jackson

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Enquiry

From
June Jackson
Date advice given
9 February 2011
Enquiry type
Phone

With regard to the Underground Gas Storage project in Preesall, what powers can the IPC give to an applicant in regard to access to land for the purpose of conducting surveys. For example, if the developer asked a member of the local community to access their land to conduct a survey and they refused, could the IPC give the applicant permission to access their land?

Advice given

Re: EN030001 Preesall Saltfield

I write with reference to your phone call on Wednesday 9th February 2011 regarding rights of entry to land for surveys.

As mentioned in our telephone conversation, Section 53 of the Planning Act 2008 makes provision for the applicant to apply to the Infrastructure Planning Commission (the Commission) for authorisation to obtain rights of entry to land for the purpose of surveying and taking levels. For information, Section 52 makes similar provision for requesting authority to obtain information about interests in land. The Commission will only grant authorisation under Sections 52 and 53 as a last resort and after all other reasonable efforts have failed.

Please see the Commission's Advice Notes 4 and 5 which explain the provisions of Sections 52 and 53 and set out advice on how to apply to the Commission for these rights. The Commission is currently in the process of updating these Advice Notes to reflect developing experience and I shall notify you once these are published and available on our website.