Advice to Hinson Parry
Back to listEnquiry
- From
- Hinson Parry
- Date advice given
- 18 August 2011
- Enquiry type
- Phone
At what stage during a proposed application can a developer use Section 53 of the 2008 Planning Act (PA 2008) to apply to the IPC for access rights? Does an application need to be formally submitted to the IPC for s. 53 to apply?
Advice given
The recently revised IPC Advice Note Five: Rights of Entry (July 2011) (IAN 5) provides detailed advice on s.53 of PA 2008.
In accordance with s.53 (1) PA 2008, ?authorisation can only be granted for entry onto land for the purpose of surveying and taking levels in connection with:
? a proposed application for a DCO where the land for which entry is required will be used for a distinct project of real substance and the proposed application will seek authority to acquire the land, an interest in it or a right over it;
? an application for a DCO which has been accepted; or
? a DCO which has been granted and contains provisions authorising the acquisition of the land or an interest in or a right over it? (IAN 5, p.2).
In relation to a proposed application the IPC needs to be satisfied that the criteria listed under s. 53 (2) have been met. These are:
? ?that the proposed developer has complied with section 42 (duty to consult) in relation to the proposed application.
? that the developer is considering a distinct project of real substance which genuinely requires entry onto the land;
? that the proposed application is likely to seek authority to compulsorily acquire the land or an interest in it or right over it.? (IAN 5, p.3)
IAN 5 provides further advice on the information developers should provide to demonstrate compliance with s. 53 (2). It also indicates that ?the IPC expects a developer to demonstrate that all reasonable efforts have been made to obtain rights of entry to the land parcel(s) (?) to satisfy the IPC that the authorisation request(s) are a last resort? (IAN 5, p.7).