The following Planning practice note provides comprehensive and up to date legal information covering:
A person (‘the applicant’) who proposes to make or who has made a Development Consent Order (DCO) application under the Planning Act 2008 (PA 2008) may apply for authorisation from the Secretary of State for a right to enter land owned by third parties, to:
carry out surveys and take levels, and/or
facilitate compliance with environmental impact assessment and habitats regulations assessment requirements
The Secretary of State can only authorise a right of entry onto third party land under s 53 in connection with:
an application for a DCO, whether in relation to that or any other land, that has been accepted by the Secretary of State
a proposed application for a DCO, or
a DCO that includes provision authorising the compulsory acquisition of that land or of an interest in it or right over it
Authorisation may only be given by the Secretary of State under a proposed application for a DCO if it appears to the Secretary of State that the proposed applicant is considering a distinct project of real substance genuinely requiring entry onto the land.
See: Development consent orders—overview.
An authorisation under s 53 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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.