Advice to Ackers Johnson
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- From
- Ackers Johnson
- Date advice given
- 31 May 2018
- Enquiry type
RSP have said previously that they think they are a NSIP as they are altering the airport. If so, surely compaulsory acquisition powers should only be for the bits that are being altered and need planning to be altered. Therefore, how can they get powers to acquire the existing runway.
If this is allowed, has anyone thought of this as this would open up a Pandora's box where any "investors" could try to use the DCO route to compulsory acquire other airports against the will of the owners. All they would need to show is that they have plans to increase the infrastructure a little to be able to handle another 10,000 cargo flights, and could include compulsory acquisition powers for the rest of the airport under DCO powers. Would a DCO seeking these powers be able to be accepted for examination?
Advice given
Please read government’s ‘Planning Act 2008: Guidance related to the procedures for the compulsory acquisition of land’ which explains the tests that must be satisfied in order for Compulsory Acquisition powers to be granted: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236454/Planning_Act_2008_-_Guidance_related_to_procedures_for_the_compulsory_acquisition_of_land.pdf