Advice Note 5 Section 53: rights of entry (Planning Act 2008) - section 53. Version 5, April 2015

Publication Year

2015

Document Status

Withdrawn

Abstract

Provides advice on the planning process for dealing with proposals for nationally significant infrastructure projects (NSIPs). Provides advice to applicants and to those with an interest in the land to which the authorisation request relates (‘persons with interest’) as to how the process works and what they need to do. Sets out advice on how a person (‘the applicant’) who proposes to make or who has made a Development Consent Order (‘DCO’) application under the Planning Act 2008, as amended (‘the 2008 Act’) may apply for authorisation from the Secretary of State for a right to enter land owned by third parties, in order to carry out surveys and take levels and/or in order to facilitate compliance with statutory provisions implementing the Environmental Impact Assessment Directive or Habitats Directive, under s.53 of the Planning Act 2008, as amended. This may include the power to search and bore to ascertain the nature of the subsoil or the presence of minerals or other matter in it and/or to take and process samples.

Document History

Superseded by version 6, March 2017. Supersedes version 4, October 2013. Under the Localism Act 2011, the IPC is abolished with its work being transferred to the National Infrastructure Directorate, created within the Planning Inspectorate. Consequently, all IPC advice notes have been republished by the Planning Inspectorate.

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