Cyngor i Burges Salmon

Ymholiad

• Oddiwrth: Burges Salmon
• Y dyddiad y rhoddwyd y cyngor: 8 Gorffennaf 2010
• Math o ymholiad: Email

Requested clarification on the use of S132 of the Planning Act 2008 (Commons, open spaces etc: Compulsory acquisition of rights over land) in relation to development proposals in Wales.

Cyngor a roddwyd

The IPC cannot provide legal advice or confirm whether you should adopt any particular approach. In terms of s51 advice, s139(3) of the Planning Act prohibits the suspension, extinguishment or interference with registered rights of common except in accordance with s131 or s132. A DCO could not therefore lawfully be made without complying with this requirement. The Welsh Ministers do not have power to provide exchange land certificates in relation to s132 (2) of the Planning Act so the certificate must be provided by the Secretary of State, Defra.

It is for you to decide whether to deal with the common land exchange by way of a s147 application direct to the WAG or using s150 bearing in mind the views expressed in the letter from the WAG Planning Division - to do otherwise and to include provisions within the DCO which extinguish registered rights of common will engage s139(3).