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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
Does PINS have responsibility for enforcing (monitoring, revoking) a DCO once it has been granted. If development is not in line with the DCO what is PINS role? Who is responsible for monitoring and enforcement.
Advice given
Thank you for your enquiry. The relevant Local Planning Authority (LPA) is responsible for enforcing a made Development Consent Order (DCO) issued by the relevant Secretary of State (SoS) for a Nationally Significant Infrastructure Project (NSIP) under the Planning Act 2008 (PA2008). However any conditions on a deemed Coast Protection Act 1949 consent or Food and Environmental Protection Act 1989 licence (or Deemed Marine Licence) would be enforced by the Marine Management Organisation (MMO).
The relevant LPA is usually responsible for enforcing and/or monitoring the provisions and requirements as set out in the made DCO. Part 8 of the PA2008 may be of interest to you regarding your query on “monitoring and enforcement”. It sets out Enforcement (offences) and where power is provided to the relevant LPA. The Planning Inspectorate (PINS) has no powers or involvement in enforcing the provisions and requirement within a made DCO.
Once a DCO has been granted, the Applicant may wish to make a non-material or material change to the made DCO and there is an application process for the Applicant to follow, should they wish to make such a change. This is set out in secondary legislation - Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulation 2011.
The relevant SoS retains the decision-making powers in respect of such applications in order to maintain the integrity of the made DCO and will take a proportionate approach to consultation and notification of relevant interested parties when handling such applications depending on the scale and nature of the material or non-material change proposed.
