The list below is a record of advice the Planning Inspectorate has provided in respect of the Planning Act 2008 process.
There is a statutory duty under section 51 of the Planning Act 2008 to record the advice that is given in relation to an application or a potential application and to make this publicly available. Advice we have provided is recorded below together with the name of the person or organisation who asked for the advice and the project it relates to. The privacy of any other personal information will be protected in accordance with our Information Charter which you should view before sending information to the Planning Inspectorate.
Note that after a project page has been created for a particular application, any advice provided that relates to it will also be published under the ‘s51 advice’ tab on the relevant project page.
Advice given between between 1 October 2009 and 14 April 2015 has been archived. View the archived advice.
The London Resort
Enquiry
Mr Bramwell wrote on behalf of the Peninsula Management Group to introduce the group and ask the following questions:
1. Is the Applicant supposed to have engaged with all local landowners prior to submission of the DCO to demonstrate it has control of the land or can this happen when the DCO is being considered or granted?
2. If the Applicant fails to engage with local landowners/businesses and is relying on the CPO process to acquire the land, is this a material matter for consideration within the DCO process?
Advice given
PINS provided advice as follows:
1. The applicant is expected (indeed, required) to have consulted everyone whom, following diligent inquiry, they have identified as having an interest in the land over which they are seeking CA powers. The Planning Act sets out a definition of who these people/interests will likely be at section 44. So in respect of your question, this is not necessarily all local landowners, since the interests of landowners neighbouring the proposed site may not be affected by the proposed CA powers. Applicants are required to demonstrate that they have carried out this consultation, and have had regard to any responses received (section 49 of the Planning Act); but they are not required to demonstrate that negotiations have been successful or that they already have control of the land prior to submission. It is not necessary for the applicant to have control of the land in order to be granted consent; this is why it is possible to apply for CA powers.
2. The examination of any application will include an examination of any CA powers that are sought in that application, and will consider all matters that the Inspector or Inspectors acting as the Examining Authority consider to be relevant and important. Once an application is accepted for examination, parties identified as having an interest in land proposed to be subject to CA will be invited to participate in the examination of the application, and will be given a full opportunity to put their case to the Examining Authority. Their views will be carefully considered when a report is made to the Secretary of State; and that report will not recommend the grant of CA powers unless there is shown to be a compelling case in the public interest for them.
