Advice to Keuper Gas Storage Limited
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- From
- Keuper Gas Storage Limited
- Date advice given
- 18 June 2015
- Enquiry type
On submission of your draft documents you asked for advice on the revisions you have made to your ?red line? boundary
Advice given
You notified the Planning Inspectorate that you have revised the red line boundary for the proposal from a single continuous boundary that might be described as ?the application site? to a ?red line? boundary of discrete parcels of development that are not joined.
May I advise that there appear to be no reasons contained in the Planning Act 2008 (as amended) (PA2008) and associated procedural requirements to prevent you taking this approach. For example, the PA 2008, as amended, does not explicitly refer to a concept of an ?application site boundary?.
However, to ensure that an application is properly made, specific procedural requirements must nonetheless be met. For example the land plan must identify the land required for, or affected by the proposed development; and where applicable, any land over which it is proposed to exercise powers of compulsory acquisition or any right to use land; any land in relation to which it is proposed to extinguish easements, servitudes and other private rights; and where the land includes special category land and replacement land, that special category and replacement land.
The works plan must show the proposed location of the development and works; the proposed location or (for a linear scheme) the proposed route and alignment of the development and works; and the limits within which the development and works may be carried out and any limits of deviation provided for in the draft order.
The DCO should accurately identify the extent of the land over which powers can be exercised and development carried out. The ?Order limits? and ?Order land? must therefore cross refer to plans which correctly identify the appropriate land.
To ensure that all those with an interest in the land to which the application relates are consulted and are fully aware of the development Pre application consultation procedures and post acceptance notification requirements use the concept of ?application land?. However, there is again no necessity to ?identify? or ?show? this land in order to meet procedural requirements when putting together a valid application.
We are continuing to review your draft documents and may provide further advice on the above in due course.
For reference, relevant sections from the Planning Act 2008, as amended are S37, s41, s57 and the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Amendment Regulations 2014
Hope you find this advice helpful, however may I remind you that this email should not be constituted as legal advice which you should rely on.