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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
Para 5.4 of page 15 of your April 2015 Guidance Note states that the Planning Inspectorate is not responsible for compliance with any Section 53 Authorisations granted by the Secretary of State. As the party that manages the process under which parties apply for S53 Authorisation, please confirm the following:
Who is responsible for compliance?
If there is a breach of any conditions set by the Secretary of State (B4 of your guidance note) what happens to the authorisation if there is a provision in the condition that states the authorisation ceases immediately?
If where should any breaches of the conditions, which party requires to be notified to ensure that the correct action is taken?
Advice given
If an authorisation is given under s53 of the Planning Act 2008 it may be exercised by the person or persons to whom it gives authority to enter land, for the purposes specified within it, subject to such person or persons complying with any conditions subject to which it is given.
If an owner or occupier of that land considered there to be a failure to comply with any such conditions or that the person or persons purporting to exercise the authority is or are not authorised to do so, then the owner or occupier would need to seek his or her own legal advice as to what action he or she may be able to take in relation to such matters. We are not able to provide you with legal advice in relation to such matters.
