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Advice to George Parkinson

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Enquiry

From
George Parkinson
Date advice given
27 July 2011
Enquiry type
Post

Advice sought on the s.53 authorisation process following Halite's request for authorisation to enter land under s.53 of the Planning Act 2008 (the Act), including access conditions and compliance with the Data Protect Act 1998.

Advice given

Section 53 (s.53) - Rights of entry procedure

Please note that a request for authorisation under s.53 of the Act and the subsequent decision to be made by the appointed Commissioner regarding whether or not to grant authorisation, is separate from and without prejudice to, any future decision taken by the decision making authority in relation to a request made by Halite for development consent for the Project. If Halite submits an application to the IPC, and if the IPC accepts this application for examination, the appointed Commissioner(s), known as the examining authority, will identify the important and relevant matters which should be examined. This may include for example, compulsory acquisition powers, if requested by Halite to be included in the proposed development consent order.

Dialogue with Halite and proposed access conditions

In order for the IPC to use its discretionary power under s.53, the appointed Commissioner would need to be satisfied that the authorisation request is a last resort and would expect a developer to demonstrate that all reasonable efforts have been made to obtain rights of entry to the land, prior to making the formal request to the IPC. This includes the negotiation of the proposed conditions for access to the land. We expect there to have been an exchange of correspondence and dialogue, wherever possible, between the developer and the owners and/or occupiers of the land in an attempt to agree the proposed conditions for access, prior to making the s.53 request.

A request for authorisation under s.53 of the Act, if granted, may be subject to conditions imposed by the IPC which Halite would be required to comply with.

Disclosure of Personal Information

Following determination by the Commissioner, the decision to either authorise the rights of entry, or refuse the requests with reasons will be published on the IPC?s website. This will be published alongside all correspondence received from Halite and from the owners of the land to which the s.53 requests relate. Please note that the IPC will publish any information provided by the landowners in accordance with the Data Protection Act 1998.