Nationally Significant Infrastructure Projects: Advice on the process for rights of entry to land (under section 53 of the Planning Act 2008)
Summary
The Planning Inspectorate has published non-statutory advice explaining the process for obtaining rights of entry to land under section 53 of the Planning Act 2008 in connection with Nationally Significant Infrastructure Projects. It outlines when applicants may need access during pre-application and other stages, the need to act reasonably, the fee requirement, and the Planning Inspectorate’s role in deciding authorisation requests on behalf of the Secretary of State.
Why it matters
Residential property surveyors may encounter land access issues where proposed infrastructure schemes affect land interests, particularly during pre-application and site investigation stages. Understanding the section 53 process helps surveyors advise clients on access, programme implications, and the potential for authorised entry.
Key points
- Advice relates to rights of entry for NSIP applications under section 53 of the Planning Act 2008.
- Applicants may need access to land during pre-application, examination, or construction stages.
- The applicant must act reasonably and show a genuine need to enter the land.
- A separate fee is payable for a section 53 authorisation request.
- The Planning Inspectorate decides requests on behalf of the Secretary of State, usually within 3 months.
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