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Advice to Michael Child

Enquiry

• From: Michael Child
• Date advice given: 12 July 2017
• Enquiry type: Email

Do PINS hold a breakdown of approximate required compensation amounts and is this in the public domain?

At what point in the DCO application does the applicant have to show pins evidence of funding adequacy?

What form would this evidence need to take?

Would this evidence be presented to the public in a transparent way?

Advice given

As explained in my previous response to you, claims and any associated amount of compensation would be something for the Upper Tribunal (Lands Chamber) to consider. It is not within the remit of the Planning Inspectorate to comment in this regard.

The Department for Communities and Local Government has published guidance on the procedures for Compulsory Acquisition (CA): https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/guidance/

In respect of the resource implications for a Proposed Development, the requirements placed on Applicants are explained in paragraphs 17 and 18 of that guidance. In short an Application for a DCO that would authorise CA must be accompanied by a Funding Statement which should demonstrate that adequate funding is likely to be available to enable the CA within the statutory period following the DCO being made, and that the resource implications of a possible acquisition resulting from a blight notice have been taken account of. The Funding Statement would be published to the Planning Inspectorate’s website alongside the rest of the application documentation.

There are many examples of Funding Statements associated with other submitted applications available to view on the Planning Inspectorate’s website: https://infrastructure.planninginspectorate.gov.uk/projects/

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