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Advice to Lancashire County Council

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Enquiry

From
Lancashire County Council
Date advice given
6 October 2010
Enquiry type
Phone

Enquirer sought clarification on s22 (2) (b) of the Planning Act 2008 as there is a high level of ambiguity.

Advice given

It is not within our remit to interpret the Act.

"For a purpose connected with" is not defined in the Act as being a physical and /or functional connection. The IPC is unable to give a view as to the interpretation of legislation which is a matter that only the courts can determine and applicants must rely on their own legal advice when reaching a view about whether a project requires development consent.

Alternatively, I advise that you view our register of projects (see link below) which highlights schemes which the Highways Agency are treating as NSIPs.

http://infrastructure.independent.gov.uk/projects/