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Advice to RWEnpower

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Enquiry

From
RWEnpower
Date advice given
26 January 2011
Enquiry type
Email

Yesterday, we met with representatives from Derbyshire CC's Highway department. We discussed the agreement of the requirements and how the discharging will work, with details being agreed with the Highway Authority before being submitted to the IPC.

DCC understand that they are required to monitor compliance with the requirements. They questioned what powers exist to enforce compliance? They would like to understand this when considering the wording of the requirements.

Can the IPC offer any guidance to Local Authorities regarding the mechanism for enforcement of requirements?

Advice given

The relevant guidance to refer Derbyshire County Council to is the CLG document "Planning Act 2008 Guidance for Local Authorities" (CLG Guidance for LAs) which can be found at: http://www.communities.gov.uk/documents/planningandbuilding/pdf/1521327.pdf

Particularly section 12 and Annex B of this document explains about requirements and their enforcement.

On page 29 of the CLG Guidance for LAs it further indicates the government's intention to update "the Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 (...) in due course for instance to clarify that LPAs will continue (as under the previous regime) to be responsible for the majority of subsequent approvals attached to a NSIP consent."

In the meantime requirements can still be drafted which have the effect of giving the IPC responsibility for discharging those requirements.