The list below is a record of advice the Planning Inspectorate has provided in respect of the Planning Act 2008 process.
There is a statutory duty under section 51 of the Planning Act 2008 to record the advice that is given in relation to an application or a potential application and to make this publicly available. Advice we have provided is recorded below together with the name of the person or organisation who asked for the advice and the project it relates to. The privacy of any other personal information will be protected in accordance with our Information Charter which you should view before sending information to the Planning Inspectorate.
Note that after a project page has been created for a particular application, any advice provided that relates to it will also be published under the ‘s51 advice’ tab on the relevant project page.
Advice given between between 1 October 2009 and 14 April 2015 has been archived. View the archived advice.
General
Enquiry
I understand that an application for a DCO makes provision for developers to detail other consents etc that are required under legislation other than the 2008 Act. Certain prescribed consents can be consented separately or included in a DCO.
Could you please provide me with a list of the consents that can be included in a DCO?
Advice given
Thank you for your email. As you correctly say, the DCO regime is intended to minimise the need for parallel consents.
You may wish to refer to Section 33, Part 7 and Schedule 5 of the 2008 Act, and Schedule 2 of the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015, as a starting point.
A fully comprehensive list of consents that could be incorporated into a DCO, however, is a somewhat technical question. It could also encompasses those consents that are not needed or cannot be granted in respect of schemes defined by the Planning Act 2008 as National Significant Infrastructure Projects, and the possible effect of modification or disapplication of statutory provisions in a DCO. I’m afraid it goes beyond procedural matters on which we would normally give advice. You may want to take your own legal advice.
