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Advice to George Parkinson

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Enquiry

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

Mr Parkinson requested the IPC's views on alleged actions by the developer in relation to requests for land access and possible compulsory acquisition.

Advice given

The IPC advised that it is not able to comment on the merits of matters raised by Mr Parkinson. Advice was provided on the process for seeking authorisation from the IPC for access to land under section 53 of the Planning Act and seeking compulsory acquisition of land or rights over land in the draft development consent order:

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.

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 expects a developer to demonstrate that all reasonable efforts have been made to obtain rights of entry to the land, prior to making the request to the IPC. This includes the negotiation of the proposed conditions for access. 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 full explanation should be provided by the developer as to why authorisation for rights of entry is sought.

Compulsory acquisition under the Planning Act

A proposed developer can make an application for a development consent order which includes proposals to compulsorily acquire land or rights in land. Compulsory acquisition can only be authorised if it meets the following tests:

? It is required for the development to which the proposed developer is seeking consent, or ? It is required to facilitate or is incidental to that development, or ? It is replacement land to be given in exchange for commons or open space, fuel or field garden allotment land needed for the proposal.

And

? That there is a compelling case in the public interest for the land to be acquired compulsorily.

If you have land that the developer may seek to compulsorily acquire, the proposed developer has a statutory duty to consult you on its proposals and demonstrate that it has done so.

Should an application be made, and accepted for examination by the IPC, and if you have an interest in land that the proposed developer has notified that it proposes to compulsorily acquire, you are automatically an ?interested party? for the purposes of any examination.

This entitles you to make representations to the IPC, attend a pre-examination meeting to consider the timetable for examination and request and attend/participate in a compulsory acquisition hearing.