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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
We have received from the Applicant a draft SOCG that is under consideration. Since there is the question of compulsory powers to consider, am I right in thinking this would be a suitable matter to try and agree within the SOCG please? It is certainly something which is expected to feature amongst our objections.
Advice given
Annex H of the Rule 6 letter (available here attachment 1 ) sets out the general approach to the preparation of Statements of Common Ground (SOCG), and includes reference to relevant guidance attachment 2 (paragraphs 57-62 of this document). This makes it clear that SOCGs should also set out areas where agreement has not been reached. Other than this, I cannot comment on the specific content of the SOCG, which is to be agreed between the relevant parties. I am therefore unable to offer any advice on the question of compulsory powers and if they should form part of the SOCG. However, if relevant representations by affected landowners are made about the use of compulsory acquisition powers, a hearing will be held to address this issue, and Thursday 22 January 2015 has been provisionally reserved for this. You should seek your own legal advice on any issues that you may have regarding compulsory acquisition.
