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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
Bere Alston to Tavistock Railway Reinstatement and Associated Trails View all advice for this project
Enquiry
Could you confirm whether we need to have funding in place, the promise of funding written or just a funding plan to enable us to apply for a Development Consent Order.
What is the compensation mechanism for statutory nuisance and could PINs offer any advice on how this could/should be recorded?
Advice given
On your question about the funding statement, I hope the following points are useful guidance:
This statement should provide as much information as possible about the resource implications of both acquiring the land and implementing the project for which the land is required.
The timing of the availability of funding is also likely to be a relevant factor. Regulation 3(2) of the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 (MPP Regs) allows for 5 years within which any notice to treat must be served, though the decision maker does have discretion to make a different provision in the Order.
Promoters should be able to demonstrate that adequate funding is likely to be available to enable the promoter to carry out the Compulsory Acquisition (CA) within the statutory period following the Order being made, and that the resource implications of a possible acquisition resulting from a blight notice has also been taken into account.
Unless the Examining Authority is satisfied that funding will be available both for the carrying out of the project within the statutory period and for the payment of compensation claims, the compelling case in the public interest test required by section 122(3) will not be met and the CA powers cannot be granted.
With regards to your second question, s152 of the PA2008 states that compensation is payable by a developer who has carried out works authorised by a DCO which give rise to damage /harm to another person?s land (i.e. the statutory nuisance). Compensation is claimed in the same way as compensation for compulsory acquisition ? i.e. seek to negotiate with developer and if it that fails, the dispute can be referred to the Upper Tribunal.
