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Advice to Andy Humphries

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Enquiry

From
Andy Humphries
Date advice given
9 March 2016
Enquiry type
Email

Have Network Rail and Bromsgrove District Council complied with the terms of the original Consent Order and if not, what options are open to Alvechurch Parish Council?

Advice given

The Planning Inspectorate is unable to provide legal advice, should you believe that there has been any breach of a Development Consent Order (DCO), you would need to take your own legal advice on this matter.

For your information, part 8 of the Planning Act 2008 contains provisions relating to the enforcement of DCOs. In accordance with s.161(1) a person commits an offence if they carry out or cause to be carried out development breach of a DCO; or if they fail to comply with the terms of a DCO. Other provisions in part 8 of the Act give the relevant local planning authority a range of powers to investigate any suspected offences.

The requirement to which you refer requires the submission of a schedule of works required at the Alvechurch station car park for a facility of 50 cars prior to commencement. Any works subsequently undertaken must be carried out in accordance with this. The Planning Inspectorate is unable to comment on whether the schedule of works has been submitted or approved by the relevant planning authority, or whether, if approved, the scheme has been / is being complied with. The relevant planning authority is Bromsgrove District Council and they should be able to provide further assistance in relation to this.