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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
Rail Central (Strategic Rail Freight Interchange)
Enquiry
Advice on submitting an authorisation request for access to land under section 53 of the Planning Act
Advice given
• A separate plan should be provided for each authorisation request which identifies the title number in question and also identifies which part(s) of the registered land access is requested for (see guidance in our advice note in this regard)
• Copies of Land Registry titles should be submitted for registered land and evidence of a land registry search should be submitted for unregistered land.
• Where access to buildings is to be requested, the authorisation request should identify which buildings this would be for and why. PINS also advises it is made clear to the relevant landowners/occupiers/tenants in advance of the authorisation request being made that access to buildings will be requested and for which buildings and why. Care should be taken in drafting conditions which would allow any access to buildings.
• The authorisation request should set out whether each of the tenants/occupiers/lessees have been consulted in addition to the landowner(s). If they have not been consulted, the authorisation request should justify why not. The Planning Inspectorate expects the applicant to send a copy of the authorisation request that is submitted to the Planning Inspectorate to each of these.
• Any evidence you can provide from statutory bodies confirming the need for surveys on these areas of land should be provided in support of your application.
• The application should identify, as far as possible, the locations of any intrusive survey works, in particular any boreholes that may remain in place for an extended period of time.
• Authorisations are usually granted for 12 months (however will cease upon submission of a DCO application); if you wish for the authorisation to be longer than this then this should be justified within your application.
