Advice to RWE Npower
Back to listEnquiry
- From
- RWE Npower
- Date advice given
- 15 April 2010
- Enquiry type
Does S53 (2) (c) mean that rights of entry for survey cannot be granted until we have carried out a formal consultation with the statutory consultees, (S42 (a)) local authorities (S42 (b) and S43) and interested parties (S 42 (d) and S 44)?
Advice given
Section 53 of the Planning Act 2008 (PA2008) allows persons to request from the Commission rights of entry for the purposes of surveying and taking levels in connection with land. The Commission can only authorise access in relation to a proposed application for an order granting development consent if: the Commission is satisfied that the applicant is considering a project of real substance which genuinely requires entry onto the land; the proposed application is likely to seek authority to compulsorily acquire the land identified; and the proposed applicant has complied with section 42 of the Act in relation to the proposed application. The applicants will be expected to make reasonable efforts to obtain entry onto land by agreement before seeking authorisation for rights of entry. An explanation should be given in full as to what reasonable efforts have already been made to obtain access to land. Rights of entry will only be granted as a last resort, in other words after all other reasonable efforts have failed. Compliance with s42 of the Act does not preclude the ability of a proposed applicant to carry out additional consultation with certain bodies in addition, or at a later date, if the proposed applicant considers that it is necessary or worthwhile.