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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
Following the submission for a DCO made by Riveroak I would like to ask about compulsory acquisition.
I believe, as part of their submission Riveroak are asking for a compulsory acquisition of the land currently owned by Stonewall Park and others. If the DCO is successful is the compulsory acquisition also granted as part of that application or are both issues decided separately.
Is it possible that the DCO be granted and the Compulsory acquisition of land be refused, or visa versa?
Are both issues considered together or do objectors need to address each issue separately?
Advice given
In summary, proposed Compulsory Acquisition powers are subject to discrete tests in the Planning Act 2008 (PA2008) - see sections 122 to 134: attachment 1. The Secretary of State will therefore necessarily reach discrete conclusions about (i) the case for the development and (ii) the case for Compulsory Acquisition.
If in any applicable case the Secretary of State is not satisfied that it is appropriate to grant some or all of the Compulsory Acquisition powers sought in a Development Consent Order (DCO), the DCO can be made in modified form with some or all of the proposed Compulsory Acquisition powers deleted. Conversely however, a DCO cannot be made if it does not include development for which development consent is required ie a DCO cannot grant Compulsory Acquisition powers alone.
In respect of making a Relevant Representation* about a Proposed Development, it will assist the appointed Examining Authority if comments relating to the potential impacts of proposed Compulsory Acquisition powers are made clear in the Relevant Representation eg under a separate heading. It is not however necessary or encouraged to submit separate Relevant Representations about (i) the case for the development and (ii) the case for Compulsory Acquisition.
* See Advice Note 8.2: attachment 2
Please see 'Planning Act 2008: guidance related to procedures for the Compulsory Acquisition of land' for more information: attachment 3
