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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
General
Enquiry
Could you please help clarify the legal position regarding proposed diversions to public rights of way.
The Highways Act 1980 section 119 suggests that the SoS can not confirm a diversion order if the proposed diversion is substantially less convenient to the public.
The PINS Advice note no.9 confirms the above and gives some definition of the word 'convenient'. eg the length of the diversion, accessibility and scenic value.
However when looking at the Planning Act 2008 section 136 says the decision maker may grant a development consent order if he is satisfied that an alternative right of way has been or will be provided. In this case no conditions regarding 'convenience' are attached.
My question is in the case of a DCO application under the NSIP process do the requirements of the Highways Act still apply?
Advice given
The Planning Act 2008 (PA2008) establishes a distinct regime for decision-making in respect of Nationally Significant Infrastructure Projects (NSIPs). Provisions of the Highways Act 1980 do not generally apply to an NSIP development unless expressly caused to do so in the relevant Development Consent Order.
The suite of National Policy Statements have primacy in the decision-making process under the PA2008 and these establish the Secretary of State’s considerations in respect of mitigation where public rights of way would be affected by a proposed development (see for example para 5.184 and 5.185 of the National Policy Statement for National Networks, available here: attachment 1.
