Triton Knoll Electrical System

Enquiry received via phone

Triton Knoll Electrical System

01 August 2014
RWE - Kim Gauld-Clark

Enquiry

If land is owned by a Trust, how should the Trust be considered when applying for authorisation for access to land under Section 53 of the Planning Act?

Advice given

As detailed in Advice Note 5: Section 53 (Rights of Way), the Planning Inspectorate expects the applicant to send a notification letter enclosing an exact copy of the authorisation request that was provided to the Planning Inspectorate, to each person the applicant identifies as having an interest in the land (and copied to agents acting on their behalf (if applicable)). Where land is owned by a Trust we advise that all of its trustees are notified individually.
Where an applicant has been corresponding with one representative from the Trust or with a land agent, we strongly urge the applicant to evidence that the individual with whom they have been corresponding is authorised to act on behalf of all other persons with an interest in the land.
The Planning Inspectorate also considers that tenants should be treated as a ?Person Interested in the Land? and should also be notified of the authorisation request.