Bere Alston to Tavistock Railway Reinstatement and Associated Trails

Enquiry received via email

Bere Alston to Tavistock Railway Reinstatement and Associated Trails

13 August 2015
Stuart Langer


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?

Advice given

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.