Select Committee on Delegated Powers and Deregulation Thirtieth Report



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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