Tidal Lagoon Swansea Bay
Asked for advice relating to Compulsory Acquisition of Statutory Undertaker's land.
Further to our telephone conversation on 26 March 2014, I can provide you with the following advice on s.127 of the Planning Act 2008 (as amended) (PA 2008), which relates to the proposed compulsory acquisition of statutory undertaker's land.
In summary, s.127 would be engaged where a person has made a representation about an application which relates to land acquired by a statutory undertaker and used for the purposes of carrying out their undertaking, and the representation has not been withdrawn.
Such a representation could be made at any time before completion of the examination of an application, and could include a relevant representation to the Planning Inspectorate. As you are aware, the relevant representation period for the application made by Tidal Lagoon Swansea Bay Plc is currently open and is due to close on 11 April 2014 at 11.59pm.
There is no prescribed procedure under s.127. Where an applicant considers that s.127 is engaged they may make an application to the Secretary of State responsible for the type of statutory undertaker whose land is proposed to be acquired. Such an application could be made at any time before completion of the examination of an application.
It is possible that any detriment caused to the statutory undertaker by the proposed compulsory acquisition of their land could be mitigated. For example, by the applicant including protective provisions in the draft Development Consent Order (DCO) which are agreed with the statutory undertaker, and result in the representation triggering s.127 being withdrawn.
Therefore, in relation to you representing your client in this matter, the Planning Inspectorate advise you to continue to discuss any relevant objections your client may have with the applicant, including the potential for protective provisions to be incorporated into the draft DCO. In addition, we would advise you, on behalf of your client, to submit a relevant representation through the project webpage setting out your clients position in this regard.