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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
Have Network Rail and Bromsgrove District Council complied with the terms of the original Consent Order and if not, what options are open to Alvechurch Parish Council?
Advice given
The Planning Inspectorate is unable to provide legal advice, should you believe that there has been any breach of a Development Consent Order (DCO), you would need to take your own legal advice on this matter.
For your information, part 8 of the Planning Act 2008 contains provisions relating to the enforcement of DCOs. In accordance with s.161(1) a person commits an offence if they carry out or cause to be carried out development breach of a DCO; or if they fail to comply with the terms of a DCO. Other provisions in part 8 of the Act give the relevant local planning authority a range of powers to investigate any suspected offences.
The requirement to which you refer requires the submission of a schedule of works required at the Alvechurch station car park for a facility of 50 cars prior to commencement. Any works subsequently undertaken must be carried out in accordance with this. The Planning Inspectorate is unable to comment on whether the schedule of works has been submitted or approved by the relevant planning authority, or whether, if approved, the scheme has been / is being complied with. The relevant planning authority is Bromsgrove District Council and they should be able to provide further assistance in relation to this.
