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Enquiry

From
Anonymous
Date advice given
21 May 2018
Enquiry type
Email

Would you please explain just how this process allows a legitimate landowner to have the value of their investment permanently blighted as it seems to many that RSP could, if minded, continuously apply to PINS for a DCO. Although it will cost them in excess of £6000 each time this apparently has no deterrence factor and as I said in a previous response RSP have said if they fail they will regroup and reapply.

What part of the DCO process will enable PINS to say “enough is enough”? and

Will RSP have to pay compensation to the legal owners for their vexatious applications?

Advice given

Provided that the statutory procedures set out in the Planning Act 2008 (PA2008) are satisfied, there is no limit placed on the number of times an applicant could theoretically submit an application for development consent for the same Nationally Significant Infrastructure Project (NSIP). On that basis, the Planning Inspectorate (on behalf of the Secretary of State (SoS)) must exercise its delegated powers in testing each submitted application against the relevant provisions in the PA2008, and produce a decision (unless the application is withdrawn). Ultimately, following a recommendation made by the Planning Inspectorate, in each case it is the SoS who will take the final decision about whether or not development consent is granted or refused. For more information about the process, please see our Advice Note 8 series: https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/advice-notes/

The PA2008 recognises that an NSIP may create blight reducing land values. Section 175 of the PA2008 amends Schedule 13 of the Town and Country Planning Act 1990 to enable owner occupiers to serve a blight notice on the SoS requiring the SoS to purchase their property in certain circumstances. These are where a National Policy Statement (NPS) identifies a particular location as a potentially suitable location for an NSIP (there is no NPS in this case) or if land is blighted by an application being made for a Development Consent Order authorising the Compulsory Acquisition of the owner occupier’s land or from such authorisation being given.

Separately, any interference with private interests may give rise to a right to make a relevant claim. For further information see FAQ14 in our Community Consultation FAQs and government guidance relating to Compulsory Acquisition procedures:

• https://infrastructure.planninginspectorate.gov.uk/application-process/frequently-asked-questions/ • https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/guidance/

There is no mechanism through which a landowner could claim for compensation for time/cost at the Pre-application stage of the process. For details of the applicable costs regime after an application has been accepted for examination, I refer you to government’s ‘Awards of costs: examinations of applications for development consent orders’: https://www.gov.uk/government/publications/awards-of-costs-examinations-of-applications-for-development-consent-orders