The government has published guidance about national infrastructure planning which applicants, members of the public and other parties should read. See the National Infrastructure Planning Guidance Portal. The guidance should be read alongside the Planning Act 2008 (the Planning Act).

This advice is non-statutory. However, the Planning Inspectorate’s advice about running the infrastructure planning system and matters of process is drawn from good practice and applicants and others should follow our recommendations. It is intended to complement the legislation, regulations and guidance issued by government and is produced under section 51 of the Planning Act.

Why does the applicant need information about interests in land?

Information about the NSIP process, the people and organisations involved in the process and the stages of the process can be found in The Planning Inspectorate’s Advice for members of the public.

The applicant is the developer that wants to build a NSIP and so will need to submit an application for a DCO to the Planning Inspectorate.

During the pre-application stage the applicant will need to gather information about who has an interest in the land that could be affected by the project, including:

• the owner of the land
• any tenants, lessees or occupiers of the land
• anyone who has a legal interest in the land, such as mortgage lenders

• anyone who might be entitled to make a relevant claim for compensation if consent is granted for the NSIP, and the DCO is fully implemented. A relevant claim means a claim under:

  a. section 10 of the Compulsory Purchase Act 1965

  b. part 1 of the Land Compensation Act 1973

  c. section 152(3) of the Planning Act 2008)

They need to do this before the application is submitted to the Planning Inspectorate so that they can comply with the statutory pre-application procedures set out in Chapter 2 of Part 5 of the Planning Act. Namely to consult all those with an interest in the land that could be affected by the project.

Where the applicant seeks to obtain information about interests in the land through section 52 of the Planning Act during the pre-application stage, their programme document should be updated accordingly. See the Planning Inspectorate’s Pre-application prospectus for more information about the applicant’s programme document.

The applicant may also need to gather the information after the application has been submitted, during the pre-examination stage. If the NSIP application is accepted for examination by the Planning Inspectorate, the applicant has a legal duty to notify everyone with an interest in the land that could be affected by the project, including anyone who might be entitled to make a relevant claim for compensation, that the application has been accepted. Where the application includes a proposal to compulsorily acquire an interest in, or rights over, land the applicant must also give the Planning Inspectorate a notice which specifies the names of each person with an interest in the land which may be compulsorily acquired (Chapter 1 of Part 6 of the Planning Act).

What is a land interests notice?

The applicant must act reasonably when trying to obtain information about interests in the land. If they consider they have been refused the information unreasonably, they can make a request to the Planning Inspectorate through section 52 of the Planning Act for authorisation to serve a ‘land interests notice’ on the person or organisation who has refused to provide it. The applicant must pay a separate fee for making a request for authorisation under section 52.

Further information about fees can be found in the government’s Planning Act 2008: Infrastructure Planning (Fees) Regulations 2010 guidance.

A ‘land interests notice’ is a written document which requires the person or organisation served with it to provide the name and address of any person who has an interest in the land to the applicant. A recipient of a land interests notice commits an offence if they do not comply with the notice.

The person or organisation that is served with the notice is called the ‘recipient’ and includes:

• an occupier of the land
• a person who has an interest in the land as a freeholder, mortgagee or lessee
• a person who directly or indirectly receives rent for the land
• a person who is authorised to manage the land or to arrange the letting of it

The Planning Inspectorate’s role is to administer the process set out in section 52 of the Planning Act and make a decision on behalf of the Secretary of State on whether to allow the applicant to issue a land interests notice. A decision is usually made within 3 months of receipt of the request for authorisation but can take longer. The applicant should take this into account when preparing their pre-application programme document and considering the timeframe for the submission of their application.

Anyone who is a proposed ‘recipient’ may wish to consider employing an agent to act on their behalf, or have another person represent them. Where an agent is employed, or another person is representing someone, they should provide the applicant and the Planning Inspectorate with written evidence from the proposed recipient which confirms they are authorised to act on behalf of the proposed recipient.

The process

Step 1

The applicant seeks to obtain the relevant land interest information from the person or organisation with an interest in the land in a reasonable manner. This may be done by issuing land referencing questionnaires. The Planning Inspectorate encourages anyone who receives a land referencing questionnaire to respond to it as this will help to ensure that:

• their interests are accurately reflected in the NSIP application
• their ability to take part in the examination of the application is not compromised

Step 2

Where the person or organisation with an interest in the land (the proposed recipient) refuses to provide the relevant information, and the applicant considers the refusal unreasonable, the applicant notifies the proposed recipient that they intend to request authorisation from the Planning Inspectorate to serve a land interests notice. The applicant should make the proposed recipient aware of this advice page and notify the Planning Inspectorate that they intend to seek authorisation.

Step 3

At least 4 weeks before submitting a request for authorisation the applicant should contact the Planning Inspectorate for advice on:

• The likely number of requests – usually the Planning Inspectorate will treat each land parcel representing a registered title, or each area of unregistered land, as one authorisation request. If the applicant considers that, for example, multiple parcels of land which neighbour each other and are held by the same landowner should be treated as one request then they will need to provide justification for this approach
• Details of the fee payable and payment methods – the request will not be considered until the fee has been paid
• The information that needs to be provided with the request for authorisation
• The type of evidence required to show that the applicant made reasonable attempts to obtain the relevant information
• How this might impact the applicant’s pre-application programme document, including how this should be updated to reflect the request for authorisation

For each authorisation request the applicant should complete the checklist and land interests table provided at annexes A and B (MS Word Document, 105 KB) to this advice. This will ensure all the required information is provided and avoid delays in issuing a decision on the requests.

Step 4

The applicant considers the advice from the Planning Inspectorate and submits the authorisation request. The applicant pays the fee. The fee will not be refunded if the authorisation request is withdrawn. The documents submitted with the request for authorisation will not be published on the Find a National Infrastructure Project website.

How to submit a request for authorisation to serve a land interests notice

There is no standard form for the applicant to complete to make a request under section 52 of the Planning Act for authorisation to serve a land interests notice. However, the Planning Inspectorate expects the applicant to fully complete the checklist and land interests table at annexes A and B (MS Word Document, 105 KB) for each authorisation request they submit.

Annexes A and B should be supported by evidence of the diligent inquiry undertaken by the applicant to identify the proposed recipients. This may include:

• copies of letters or emails sent
• logs of meetings held or telephone calls made
• copies or details of any responses received

Step 5

The applicant notifies the proposed recipient that they have submitted a request for authorisation to the Planning Inspectorate. The notification must:

• be sent to each proposed recipient even if two or more are registered at the same address
• include an exact copy of the authorisation request sent to the Planning Inspectorate
• advise the proposed recipient that they can send the Planning Inspectorate comments on the applicant’s authorisation request, and the deadline for this. The deadline must be a minimum of 14 days from the date the notification was received.

The Planning Inspectorate may request proof that the notification was delivered to, and received by, the proposed recipient.

Step 6

The Planning Inspectorate will also notify the proposed recipient that it has received a request for authorisation and confirm the deadline for comments to be sent to it.

Step 7

The proposed recipient sends any comments to the Planning Inspectorate about the applicant’s authorisation request. The comments will not be published on the Find a National Infrastructure Project website. The comments should include:

• confirmation that the information provided in the applicant’s authorisation request is accurate. The recipient should confirm if:

  a. the schedule of correspondence includes all the relevant correspondence

  b. all the relevant correspondence was received

  c. the notes of any meetings or telephone conversations are accurate and appropriately reflect what was discussed. The proposed recipient can send copies of any correspondence it has exchanged with the applicant, including a log of any meetings or telephone calls, that are not included with the schedule of correspondence.

• the reasons for refusing to provide the applicant with the relevant information
• any comments on the applicant’s proposed duration of the authorisation. In most cases any authorisation to serve a land interests notice that is granted will expire on:
  • For requests made during the pre-application stage – 12 months after the date of the authorisation, or the date the NSIP application is submitted to the Planning Inspectorate if this is earlier than 12 months after the date of the authorisation
  • For requests made during the pre-examination stage - 12 months after the date of the authorisation.

If the proposed recipient considers that a different authorisation period should apply they should provide details of an alternative period. They should include a clear explanation of why this should be considered by the Planning Inspectorate.

If the Planning Inspectorate does not receive any comments by the deadline it will assume that the proposed recipient does not have any comments to make.

Step 8

The Planning Inspectorate may request further information from the applicant or the proposed recipient if it considers more information is required. A deadline for a response will be given.

Step 9

The Planning Inspectorate considers the information provided by the applicant and the proposed recipient and decides whether to provide the applicant with authorisation to serve a land interests notice. If authorisation is provided the Planning Inspectorate will also decide if any conditions should be attached to it.

Step 10

The Planning Inspectorate sends its decision to the applicant and the proposed recipient and publishes the decision, including the reasons for the decision and any conditions, on the Find a National Infrastructure Project website.

Step 11

If authorisation is granted the applicant can then serve the land interests notice on the recipient. The land interests notice must be issued in writing and include the following information:

• State that the Secretary of State has authorised the applicant to serve the notice
• Specify or describe the land to which the application, or proposed application for development consent relates
• Specify the deadline by which the recipient must provide the required information to the applicant
• Draw attention to the provisions in sections 52(6) to (9) of the Planning Act relating to offences

It is the applicant’s responsibility (as the authorised person) to ensure that any land interests notice satisfies all legal requirements.