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Advice to Barton Willmore

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Enquiry

From
Barton Willmore
Date advice given
11 March 2011
Enquiry type
Email

Clarification of land to be included within a s.53 authorisation request.

Advice given

In response to your query, A Plan (Plan A) should be provided with the s.53 authorisation request showing the land required for or affected by the development (not just the location and extent of the physical works). The ?land plan? required under Regulation 5(2)(i) Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009, could be used as a base for Plan A.

I would also like to draw your attention to the following issues which you may wish to consider prior to submitting a s.53 request to the IPC.

1)

As Halite is currently at the pre-application stage of the DCO process, I would draw your attention to s.53(2) which sets out all the requirements which the IPC must be satisfied have been met before considering an application for access to land (?an authorisation request?):

a)

s.53(2)a - "the proposed applicant is considering a distinct project of real substance genuinely requiring entry onto the land" - Halite will need to demonstrate to the IPC that it has made reasonable efforts to obtain access to the land to which the authorisation request is sought and explain why the proposed surveys and/ or works are connected with the proposed DCO; and

b)

s.53(2)b - "the proposed application is likely to seek authority to compulsorily acquire the land, or an interest in the land, or right over it". This requirement must be satisfied and you may wish to cross refer in the authorisation request to the relevant provision in the draft DCO which seeks compulsory acquisition or has the effect of doing so. However, it is for Halite as the applicant to seek its own legal advice on how best to address this; and

c)

s.53(2)c - "the proposed applicant has complied with s.42 in relation to the proposed application".

2)

Whilst not required under s.53 of the Act, we anticipate it being beneficial for an applicant to notify the relevant landowner(s), which the applicant has previously been in contact with seeking access to the land, that it has made an authorisation request to the IPC. With the notification to the landowner(s), it would be helpful for an applicant to enclose a copy of the letter and any plans and documents submitted to the IPC and inform the landowner(s) to direct any comments they have regarding the s.53 authorisation request to the IPC.

3)

The IPC also considers it best practice for an applicant to include draft conditions with the authorisation request (the IPC may in accordance with s.53(4)c of the Act impose conditions on the authorisation) for the IPC to consider before authorisation is granted. It would also be advisable for an applicant to provide copies of the draft conditions to the landowner(s) when notifying them that the applicant has submitted a request to the IPC, as they may wish to comment to on these to the IPC.