ANNEX A
Note from the Department of Trade and
Industry
Proposal for the Deregulation (Pipe-Lines)
Order 1998
The House of Lords Delegated Powers and Deregulation
Committee has sought reassurance on the question whether the requirement
to obtain a pipe-line construction authorisation (PCA) imposes
any requirement which could be seen as necessary protection but
would not be replaced by equivalent protection under the alternative
procedure (obtaining planning permission and negotiating easements).
Objections to an application for a PCA which
cannot be resolved through negotiation have to be heard at a public
inquiry or hearing. (It is unusual for there to be objections
to as opposed to comments on an application and extremely rare
for the need for objections to be heard). Objections to a planning
application are not required to be heard but must be taken into
account which can include objectors being able to speak at Planning
Committee meetings. The need to negotiate easements applies whether
a proposed pipe is subject to a PCA or planning permission. If
agreement cannot be reached through negotiation, then the company
can apply for a compulsory rights order or compulsory purchase
order. If the landowner puts forward objections to such an application,
then those objections must be heard.
Glenn Hackney
Parliamentary Branch
Department of Trade and Industry
13th July 1998
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