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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
Enquiry
Content of an email received by the Planning Inspectorate from Mr Bibby below:
Dear Sirs,
A)In the event of an electricity pylons and cables being erected above ground can you please let us know what statutory compensation provisions (and associated legislation) would apply in respect of easement granted (pursuant to powers conferred for such infrastructure development by virtue of the Planning Act 2008) :
1) Where such equipment is located on the claimant?s property.
2) Where such equipment is located on neighbouring land but adjacent to the claimant?s property (e.g dwellings) .
B)What is the minimum distance that apparatus (in respect a 132 KV line) can be sited in respect of residential property
Advice given
Response from the Planning Inspectorate below:
Dear Mr Bibby
Thank you for your email of 6 February 2015.
In regard to claims for compensation, this is a matter dealt with outside of the Planning Act 2008 (as amended) process. The issue of compensation will arise in the event that the development consent is granted, and the applicant implements the Development Consent Order (DCO). However, the adequacy of funding to meet any likely compensation future liabilities arising from the implementation of the DCO, and any mechanisms proposed by the applicant to secure the funding, are issues which would be considered by the Examining Authority as part of the examination.
There are opportunities for affected persons to make submissions on the application itself during the pre-examination and examination stages of the process. Please see the following advice notes for your information:
Advice Note 8.1: How the process works
attachment 1
Advice Note 8.5: Participating in the examination
attachment 2
The Department for Communities and Local Government has issued guidance related to procedures for the compulsory acquisition of land; you may wish to view this for further information therefore I have provided a link to it here:
attachment 3
In regard to the second part of your email, the National Policy Statement for Electricity Networks Infrastructure (EN-5) at paragraph 2.2 includes references to the factors that influence applicants when selecting proposed sites/routes. You can view EN-5, amongst the other National Policy Statements for Energy Infrastructure here:
attachment 4
I hope you find this information helpful, should you have any further questions please do not hesitate to contact us.
