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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
Request for advice on; the revised draft Development Consent Order and Explanatory Memorandum regarding the consolidation of two compulsory acquisition articiles into one article, and articles relating to the temporary use of land.
Advice given
We have reviewed the previous s51 advice and cannot see that we suggested merging the two compulsory acquisition articles, although we did query whether paragraphs (7) and (8) of the ?compulsory acquisition of rights? article were necessary. We assume that in merging the articles, any internal cross references elsewhere in the dDCO has been double checked and updated as necessary?
In regard to articles 29 and 30 (regarding temporary use of land), they are likely to be the subject of close examination in relation to this proposal. There would be detailed examination of notice periods, possession periods, restoration periods and the maintenance period. The explanatory memorandum should thoroughly explain the scope of these powers. Does the statement of reasons justify the power of temporary possession (for up to one year for carrying out the development) as being less intrusive/more proportionate than acquiring the land by compulsory acquisition?
Due to the tight timeframe provided to us we have not been able to undertake a detailed review of the draft DCO and Explanatory Memorandum, here are just a couple of points we noticed whilst skimming through the authorised development:
The first sentence of work numbers 1, 2 and 3 is slightly confusing to read.
Paragraph 2.19 of the Explanatory Memorandum (regarding the diversion of existing apparatus) appears to contradict (xi) within work numbers 1, 2 and 3.
Please can you confirm if the diversion and undergrounding of 10x 11kV lines is included within the dDCO and if so, has the developer undertaken consultation in relation to this?
Page 22 of the Explanatory Memorandum under ?Schedule 1? refers to ?Associated Development?.
Is the developer intending on submitting the response from Welsh Government regarding the undergrounding of the 132kV line with the application?
In regard to (i) to (xiii) in works numbers 1, 2 and 3, can the developer include reference that all such works are within the scope of the EIA (if they are). See Advice Note 15 paragraph 20.1. Also, are these works justified within the Explanatory Memorandum?
