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Advice to RWE npower

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Enquiry

From
RWE npower
Date advice given
2 September 2010
Enquiry type
Email

If a developer is unable to identify the ownership and/or occupation of land by diligent and reasonable enquiry, is there provision under Planning Act legislation to obtain rights to survey the land without notifying the landowner/occupier, ie by posting a Notice on site.

Advice given

The Commission may only authorise entry to land within the powers provided by s53. The authorisation which may be provided will be in relation to "any land" (s53(1)) which is identified in the request. Authorisation may only be given if the conditions in s53(2) are satisfied - this includes the requirement that the proposed applicant has complied with s42 in relation to the proposed application. In order to comply with s42 the applicant must consult each person who is within one or more of the categories set out in s44 "after making diligent inquiry". "Diligent inquiry" could for example include posting a notice on site. "Diligent inquiry" may also include requesting the Commission to authorise service of a land interests notice in accordance with s52. You must of course seek your own legal advice on this issue to inform your approach.