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Advice to Churchgate Accountants Limited

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Enquiry

From
Churchgate Accountants Limited
Date advice given
12 April 2017
Enquiry type
Email

Dear Sirs, On your advice notes page: https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/advice-notes/ Advice note 5 on rights of entry refer to S53 of the Planning Act 2008, setting out in great detail the basis of entry and process. However we note that since this advice was last updated in 2015, the Housing and Planning Act 2016 has come into force and it appears that under S172 (etc) there are new powers of entry which are considerably different to the advice given. Can you comment whether you intend to update the advice in note 5, or whether you feel the advice is still valid and current (ie that S172 rights of entry do not apply to a national Infrastructure project (applying for an intended DCO). Thanks Kind Regards Fraser Fraser Paskell Senior Solicitor For Churchgate Accountants Limited 18 Langton Place, Bury St Edmunds, Suffolk, IP33 1NE T: 01284 701271, T (direct): 01284 718555 F: 01284 762760 W: churchgates.co.uk

Advice given

Dear Mr Paskell, Thank you for your enquiry regarding the status of Planning Inspectorate’s Advice Note 5 and the relationship between s53 of the Planning Act 2008 and s172 of the Housing and Planning Act 2016. I can confirm that the Planning Inspectorate’s Advice Note 5 has very recently been updated, but not in relation to s172 of the Housing and Planning Act 2016 to which you refer. In the case of a prospective development consent order (DCO), the policy intention is that the power of entry in s53 of the Planning Act 2008 should be used. Where an existing specific power of entry has not been limited in scope by Schedule 14 to the Housing and Planning Act 2016, the policy intention is for this existing power to continue to be used in the same way. We note the principle of statutory interpretation that where a general enactment covers a situation for which specific provision is made by another enactment contained in an earlier Act, it is presumed that the situation is intended to continue to be dealt with by the specific provision rather than the later general one. Therefore, while the Neighbourhood Planning Bill amends the definition of “acquiring authority” in s172 of the Housing and Planning Act 2016 to remove the link to the definition of “compulsory purchase” in the Acquisition of Land Act 1981, in the case of a prospective DCO, the policy intention is that the more specific power in s53 of the Planning Act 2008 should remain in use. As I am sure you will appreciate, any advice given by the Planning Inspectorate does not constitute legal advice upon which applicants (or others) can rely and we cannot provide a definitive interpretation of law. Kind regards David David Price EIA and Land Rights Manager Major Applications and Plans The Planning Inspectorate Temple Quay House Temple Quay Bristol BS1 6PN Direct Line: 0303 444 5055 Helpline: 0303 444 5000 Email:david.price@pins.gsi.gov.uk Web: infrastructure.planninginspectorate.gov.uk (National Infrastructure Planning) Web: www.gov.uk/government/organisations/planning-inspectorate (The Planning Inspectorate) Twitter: @PINSgov This communication does not constitute legal advice. Please view our Information Charter before sending information to the Planning Inspectorate.