Advice to W R Lawrenson
Back to listEnquiry
- From
- W R Lawrenson
- Date advice given
- 27 July 2011
- Enquiry type
- Post
Advice sought on the s.53 authorisation process following Halite's requests for authorisation under s.53 of the Planning Act 2008 (the Act).
Advice given
Section 53 (s.53) - Rights of entry procedure
S.53 of the Act makes provision for a developer to apply to the IPC for authorisation to obtain rights of entry to land for the purpose of surveying and taking levels. The IPC can only authorise entry in relation to a proposed application at the pre-application stage, if the IPC is satisfied that the three conditions set out in s.53(2) of the Act are satisfied. These have been set out below:
a) the proposed applicant is considering a distinct project of real substance genuinely requiring entry onto the land, b) the proposed application is likely to seek authority to compulsorily acquire the land or an interest in it or right over it, and c) the proposed applicant has complied with section 42 in relation to the proposed application.
Further information on the s.53 process is set out in the IPC Advice Note 5 which explains the s.53 process in more detail. Please note that this Advice Note was published on 14 July 2011 and replaces the previous published version of Advice Note 5. All advice notes are available on the IPC?s website:
http://infrastructure.independent.gov.uk/legislation-and-advice/our-guidance-and-advice/
Halite s.53 authorisation requests
As you may be aware, Halite has made applications for authorisation by the IPC under s.53 of the Act, for access to land for the purpose of surveys described by Halite as non-intrusive ecological and archaeological surveys.
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, safety considerations which you refer to in your letter.
Dialogue with Halite and proposed access conditions
In order for the IPC to use its discretionary power under s.53, the IPC needs to be satisfied that the authorisation request is a last resort and 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 us. This includes the negotiation of the proposed conditions for access to the land. The IPC expects 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.
Determination of the s.53 authorisation requests
A Commissioner has been appointed by the IPC to determine the authorisation requests made by Halite. A copy of your letter will be provided to the appointed Commissioner for his consideration.
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, along with all correspondence received from Halite and from the owners and/or occupiers of the land to which the s.53 requests relate.
Human Rights Act 1998
The IPC as a public authority will consider in relation to each s.53 authorisation request whether the authorisation of entry onto third party land would be lawful and proportionate, having regard to the Human Rights Act 1998 prior to determining a s.53 authorisation request.
If you would like further details regarding the Human Rights Act 1998, I would suggest that you refer to the Equality and Human Rights Commission at http://www.equalityhumanrights.com/human-rights.
Disclosure of Personal Information
The IPC is bound by the Data Protection Act 1998 and has established procedures to ensure that we comply with the Data Protection Act 1998 when handling personal information. Any correspondence received in relation to Halite?s s.53 requests will be published by the IPC in compliance with data protection principles. This means that the IPC will not publish personal data without the consent of the data subject.
It is Halite?s responsibility to ensure that any information they obtain is handled in accordance with the Data Protection Act 1998 which establishes a framework of rights and duties which are designed to safeguard personal data.
If you would like further details regarding the protection of personal information, I would suggest that you refer to the Information Commissioner?s Office (ICO) at http://www.ico.gov.uk.