Advice to RWE npower
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- From
- RWE npower
- Date advice given
- 26 May 2010
- Enquiry type
We have undertaken one to one visits of Persons with Interests in Land (PiLs) within the 200m corridor that is being investigated. There are a number of people within the corridor that have refused to give us any information about themselves or their land. If it transpires that their land does not fall within the preferred pipeline alignment then is it envisaged that s52 powers will need be used to persuade these PiLs to provide details for which the sole purpose will be for the Book of Reference?" "Should we be carrying out one to one visits with all minor interests in land, such as Mortgage Lenders, Holders of 3rd Party Rights etc within the 200m corridor that is being investigated or can these be limited to those on the preferred pipeline alignment
Advice given
I think that most of these issues are dealt with by the IPC's recent advice note on Section 52 (s.52) requests, this should provide clarity on the Commissions approach to s.52 including when and how applicants can request to use the powers. This can be accessed online via our website http://infrastructure.independent.gov.uk/legislation-and-advice/our-guidance-and-advice/
I have set out below a summary of the key issues from the advice note which I believe are pertinent to the questions you have raised. Under Section 52 (s.52) of the Planning Act 2008 (PA2008) the Commission can authorise applicants to serve a land interests notice(s) which requires the recipient to provide information to the applicant about interests in the land. The Commission will only authorise service of land interest notice(s) if it appears that the applicant is considering a distinct project of real substance. The Commission considers that requests for a land interest notice should only be made as a last resort. In order for us to use this discretionary power we need to have a full explanation of the reasonable efforts that have already been made to obtain information about interests in the land identified. It will be for the applicant to provide justification for the service of land interest notice, therefore as much information as possible should be provided to assist the Commission making a decision on a s52 request. This should include an explanation as to why a service of a land interest notice will enable compliance with the pre-application consultation duties or the requirement to notify persons of an accepted application and to give notice to persons interested in land to which a compulsory acquisition request relates. I hope this information will answer the questions you and your land agent have raised if we can be of further assistance please do not hesitate to contact us.