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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
Expansion of Heathrow Airport (Third Runway) View all advice for this project
I have received a slew of documents, apparently from Heathrow Airport Limited, insisting that I complete a questionnaire and return it to an obscure company which hides behinds the initials WSP. Their website (attachment 1) reveals nothing. A Wikipedia page (attachment 2) states that they are based in Canada, and have a breathtaking history of mergers and takeovers since 2012, but fails to disclose either the work they do (if any) or their reputation. I am told they will publish my personal data in a "Book of Reference" for public inspection, and that examples may be found on your website. However, they do not say where on your website: and neither your FAQ page nor your search engine have been of any assistance. 1. Please can you point me at something which explains (for the general public) what your understanding of these "books" is? 2. Do you consider it acceptable for a company (Heathrow Airport Ltd.) to insist that UK residents supply personal data to companies outside the European Economic Area (EEA), with NO assurance about data protection? 3. What is your estimation of WSP's reputation, reliability, and trustworthiness? 4. Where would you advise members of the public to check the trustworthiness and probity of companies, whether based in the UK or elsewhere, demanding personal data? 5. Can you clarify to what extent Heathrow Airport is a British company, since the takeover by the Spanish firm Ferrovial, and how this will be affected by Brexit?
By way of background, where a Development Consent Order (DCO) would seek powers of Compulsory Acquisition and/ or Temporary Possession, sections 44, 57 and 59 of the Planning Act 2008 (PA2008) establish that in seeking to identify all land interests and persons who may be entitled to make a relevant claim an applicant must make diligent inquiry. Paragraph 50 of the Department for Communities and Local Government’s Planning Act 2008: Guidance on the pre-application process explains (available here: attachment 3 “It is the applicant’s responsibility to demonstrate at submission of the application that due diligence has been undertaken in identifying all land interests and applicants should make every reasonable effort to ensure that the Book of Reference (which records and categorises those land interests) is up to date at the time of submission.” In this respect, issuing land referencing questionnaires in the format provided by Heathrow Airport Ltd is one of a number of approaches routinely applied by DCO applicants in seeking to identify all land interests and therefore satisfy the due diligence test set out in the PA2008. In consideration of this test, the land referencing process, from an applicant’s perspective, has an important role in the preparation of an application for a DCO which would seek powers of Compulsory Acquisition and/ or Temporary Possession. From the perspective of a person with an interest in the land, volunteering details about their interest(s) in land to a DCO applicant will help to ensure that their interest(s) are reflected accurately in any application, and ensure that their ability to engage in the examination of that application is not compromised. Notwithstanding this, questionnaire recipients are not mandated to volunteer information about their interest(s) in land to a DCO applicant, if they do not wish to do so. Importantly choosing not to volunteer land interest information to a DCO applicant would have no implications for a person’s status and ability to take part in the examination of an application for a DCO, or for any future claims by a person for compensation under the Compulsory Purchase Act 1965; the Land Compensation Act 1973; and/ or s152 of the PA2008. The term ‘Book of Reference’ is defined in Regulation 7 of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (available here: attachment 4) and at Annex D of the Department for Communities and Local Government’s Planning Act 2008: guidance related to procedures for the compulsory acquisition of land (available here: attachment 5). There are examples of this type of document attached to each relevant live project on the National Infrastructure Planning website, for example: • A303 Amesbury to Berwick Down (‘A303 Stonehenge’): attachment 6 • Thanet Extension Offshore Wind Farm: attachment 7 Please contact Heathrow Airport Ltd directly with any questions about its (i) status, (ii) data protection policies and (iii) consultants.