Manston Airport

Enquiry received via email

Manston Airport

30 March 2017
Laurence Maccali


Para 5.4 of page 15 of your April 2015 Guidance Note states that the Planning Inspectorate is not responsible for compliance with any Section 53 Authorisations granted by the Secretary of State. As the party that manages the process under which parties apply for S53 Authorisation, please confirm the following:
Who is responsible for compliance?
If there is a breach of any conditions set by the Secretary of State (B4 of your guidance note) what happens to the authorisation if there is a provision in the condition that states the authorisation ceases immediately?
If where should any breaches of the conditions, which party requires to be notified to ensure that the correct action is taken?

Advice given

If an authorisation is given under s53 of the Planning Act 2008 it may be exercised by the person or persons to whom it gives authority to enter land, for the purposes specified within it, subject to such person or persons complying with any conditions subject to which it is given.
If an owner or occupier of that land considered there to be a failure to comply with any such conditions or that the person or persons purporting to exercise the authority is or are not authorised to do so, then the owner or occupier would need to seek his or her own legal advice as to what action he or she may be able to take in relation to such matters. We are not able to provide you with legal advice in relation to such matters.