135: IPC issues advice on pre-application powers over landowners

This is entry number 135, first published on 25 May 2010, of a blog on the implementation of the Planning Act 2008. Click here for a link to the whole blog. If you would like to be notified when the blog is updated, with links sent by email, click here.

Today's entry reports two new advice notes issued by the Infrastructure Planning Commission.

The Infratructure Planning Commission has recently issued its fourth and fifth pieces of guidance. The first three guidance notes are as follows:

Advice note 1: Local impact reports - this sets out what is expected of local authorities when they produce a 'local impact report' for an application. This has been covered in a previous blog entry.

Advice note 2: Working together on nationally significant infrastructure projects - this sets out how the IPC will carry out an 'outreach programme' of engagement with local communities.

Advice note 3: Scoping opinion consultation - this sets out the process whereby an applicant can ask the IPC for a 'scoping opinion' that sets out what the IPC thinks the Environmental Statement should contain.  It is optional, but a good idea.  The Environmental Impact Assessment regulations require the IPC to carry out consultation on the scoping opinion, which can also be helpful to applicants unsure as to whom they should consult, as it is the same list except for local landowners.

The two new advice notes are as follows:

Advice note 4: Section 52 is the first.  The title is somewhat cryptic to those who are not familiar with the Planning Act, and concerns the applicant's ability to ask the IPC to compel someone to tell them about land interests (i.e. who they believe the owners, tenants, and people with other interests in the land to be).  This power exists in existing regimes.  On a large project, promoters will hire land referencers to establish who owns what land and what restrictions exist over it.  They will examine the Land Registry and send questionnaires to landowners, but they don't always get replies.  In those cases, the prospective applicant can apply to the IPC to force information out of the landowner - it is a criminal offence not to obey.  The power must therefore not be used lightly, and indeed the fee set for its exercise is £1000 per application.  Luckily the IPC confirms that several requests can be grouped into one application, although for a long linear scheme, it may consider the requests to be several applcations and charge accordingly.

Advice note 5: Section 53 is the second.  Another cryptic title, which this time refers to the applicant's ability to ask the IPC to compel someone to let the applicant onto their land for surveying work (which can include digging boreholes).  This is a useful and new power, useful because under previous regimes where it doesn't exist, landowners can hold prospective applicants to ransom ("we won't let you onto our land unless you agree x/pay y").  Again it costs £1000 a pop, but again several requests can be combined except for long linear schemes.  Note however that obtaining this power before an application is made has a couple of caveats: pre-application consultation must have been carried out, and the land in question must be likely to be subject to compulsory purchase in the application.  This means that land where nothing is to be acquired, but may for example have a visual impact, cannot be forcibly entered in this way.

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