Advice to Reynolds Porter Chamberlain LLP
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- From
- Reynolds Porter Chamberlain LLP
- Date advice given
- 5 July 2012
- Enquiry type
- Phone
We have been discussing the Article relating to Statutory undertakers' equipment and the insertion of protective provisions into the order i.e as a back up in case we fail to agree something with the statutory undertakers with regard to their equipment prior to the DCO going live.
I noticed on other DCOs that certain protective provisions were inserted during the course of submission and just wondered whether you had any thoughts as to timing on this matter?
Also, the Regulations state that where you have crown land then the application must be accompanied by a plan with any accompanying information identifying Crown land. My question is can the information be shown on the land plan? i.e not necessarily on a separate plan? Can you let me know please as RWE are going out for stage 2 consultation tomorrow and are getting the final things ready?
Can you explain what you mean in the last sentence under Article 25 in your letter of 3 May 2012? This is because there are obviously areas of overlap ie where land may be occupied temporarily and yet also be subject to permanent rights.
Can you perhaps give me a call to discuss?
Advice given
Where protective provisions are to be included in a DCO the Planning Inspectorate would prefer to see thes included in the draft DCO that is submitted for acceptance.
Regarding crown land, this can be shown on the land plan as long as its clearly identified as Crown land.
To clarify the Planning Inspectorate's advice on article 25: if RWE Npower is acquiring permanent rights over the land and is also intending to take possession of the land temporarily under Article 25 e.g. to carry out works prior to acquiring the permanent rights,then the land should be described in Schedule D.