---

Advice to Turley's

Enquiry

• From: Turley's
• Date advice given: 11 August 2016
• Enquiry type: Email

Advice on submitting an authorisation request for access to land under section 53 of the Planning Act

Advice given

• A separate plan should be provided for each authorisation request which identifies the title number in question and also identifies which part(s) of the registered land access is requested for (see guidance in our advice note in this regard) • Copies of Land Registry titles should be submitted for registered land and evidence of a land registry search should be submitted for unregistered land.
• Where access to buildings is to be requested, the authorisation request should identify which buildings this would be for and why. PINS also advises it is made clear to the relevant landowners/occupiers/tenants in advance of the authorisation request being made that access to buildings will be requested and for which buildings and why. Care should be taken in drafting conditions which would allow any access to buildings. • The authorisation request should set out whether each of the tenants/occupiers/lessees have been consulted in addition to the landowner(s). If they have not been consulted, the authorisation request should justify why not. The Planning Inspectorate expects the applicant to send a copy of the authorisation request that is submitted to the Planning Inspectorate to each of these. • Any evidence you can provide from statutory bodies confirming the need for surveys on these areas of land should be provided in support of your application. • The application should identify, as far as possible, the locations of any intrusive survey works, in particular any boreholes that may remain in place for an extended period of time. • Authorisations are usually granted for 12 months (however will cease upon submission of a DCO application); if you wish for the authorisation to be longer than this then this should be justified within your application.

---