Bere Alston to Tavistock Railway Reinstatement and Associated Trails

The list below includes a record of advice we have provided for this project. For a list of all advice issued by the Planning Inspectorate, including non-project related advice, please go to the Register of advice page.

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, including the name of the person who requested the advice, and to make this publicly available.

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Enquiry received via email
Could you confirm whether we need to have funding in place, the promise of funding written or just a funding plan to enable us to apply for a Development Consent Order.
What is the compensation mechanism for statutory nuisance and could PINs offer any advice on how this could/should be recorded?
On your question about the funding statement, I hope the following points are useful guidance:
This statement should provide as much information as possible about the resource implications of both acquiring the land and implementing the project for which the land is required.
The timing of the availability of funding is also likely to be a relevant factor. Regulation 3(2) of the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 (MPP Regs) allows for 5 years within which any notice to treat must be served, though the decision maker does have discretion to make a different provision in the Order.
Promoters should be able to demonstrate that adequate funding is likely to be available to enable the promoter to carry out the Compulsory Acquisition (CA) within the statutory period following the Order being made, and that the resource implications of a possible acquisition resulting from a blight notice has also been taken into account.
Unless the Examining Authority is satisfied that funding will be available both for the carrying out of the project within the statutory period and for the payment of compensation claims, the compelling case in the public interest test required by section 122(3) will not be met and the CA powers cannot be granted.
With regards to your second question, s152 of the PA2008 states that compensation is payable by a developer who has carried out works authorised by a DCO which give rise to damage /harm to another person?s land (i.e. the statutory nuisance). Compensation is claimed in the same way as compensation for compulsory acquisition ? i.e. seek to negotiate with developer and if it that fails, the dispute can be referred to the Upper Tribunal.

13 August 2015
Stuart Langer
Enquiry received via meeting
response has attachments
Project up-date meeting with Devon County Council with regard to the Bere Alston to Tavistock Railway Reinstatement and Associated Trails scheme.
Please see attachment.

19 March 2015
Devon County Council - Stuart Langer
Enquiry received via meeting
response has attachments
Initial discussion about a proposed application for a new railway line and associated development
Please see attached meeting note

14 November 2014
Devon County Council - Ben Naylor