Advice to Emmanuel Pitman

Enquiry

• From: Emmanuel Pitman
• Date advice given: 8 July 2011
• Enquiry type: Phone

Caller asked for an overview of the consenting process with emphasis on compulsory acquisition matters

Advice given

At the pre-application stage, developers are required to consult with various persons. This includes persons with an interest in any of the proposal land. Once an application is made, the IPC has 28 days to decide whether or not to accept the application. In coming to this decision, the IPC must consider, inter alia, whether the consultation undertaken had met the statutory requirements. If the application is accepted, the developer must advertise this together with a deadline for people with an interest in the scheme to register as interested parties. Persons with an interest in the land needn't register in order in order to become interested parties, but may nevertheless wish to submit their views on what the key issues are. Following an initial assessment of the key issues, the IPC will hold a preliminary meeting to allow interested parties to make oral representation on procedural matters. Once the preliminary meeting has closed, a timetable will be sent to all interested parties and the examination begins. Examinations will be conducted primarily through written representations, though there are opportunities for hearings to be held. The IPC must hold a compulsory acquisition hearing if requested to do so by an affected person. Following the examination, the IPC will either make a recommendation to the Secretary of State (where the relevant National Policy Statment (NPS) has not been designated) or determine the application (where the relevant NPS has been designated).