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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
I have just looked on the Companies House website and note that Riveroak Strategic Partners Limited filed accounts for a dormant company in 11 April 2018. How can a dormant company apply for a DCO?
Also, the statutory reporting for persons with significant control statement states that 'the company knows or has reasonable cause to believe there is no registrable person or registrable person or relevant legal entity in relation to this company'. How can a company which has 'no warm body' apply for a DCO?
Further, on the Register of Person(s) with Significant Control it states that the information is not on the public register since 19 April 2018.
Further on the Register of Members it states that the information is not on the public register since 19 April 2018.
How can a company without a register of members apply for a DCO?
Advice given
Dormant companies are companies that are not trading or do not have investments. See the following link for more information: attachment 1. They remain registered as companies and therefore exist as legal entities and can make applications for Development Consent Orders in the same way as any other legal entity.
Please see the following link for information about persons with significant control, in particular paragraph 2.2: attachment 2. Making a statement such as “the company knows or has reasonable cause to believe there is no registrable person or registrable person or relevant legal entity in relation to this company” does not affect the legal status of the registered company. A registered company may choose whether or not to keep information about persons with significant control or members on the register: attachment 3. None of these choices affect the legal status of the registered company which can make applications for Development Consent Orders in the usual way.
When an application is submitted, the Applicant is required to submit a Funding Statement setting out how the project is proposed to be funded. The appointed Examining Authority (ExA) can examine the content of the Funding Statement to its satisfaction in the examination process. The ExA needs to be satisfied that, amongst other things, adequate funding is likely to be available to enable the Compulsory Acquisition within the statutory period following the order being made, and that the resource implications of a possible acquisition resulting from a blight notice have been taken account of.
