What part of the DCO process will enable PINS to say “enough is enough”?
Which begs the question “why not?”
Surely the draftees of PA2008 wouldn’t have drafted legislation that could be misused in this way?
Has any legal owner of land ever applied for a Judicial Review upon an acceptance of a DCO application for examination?
We are not aware of a Judicial Review that has been lodged by an affected landowner in respect of an Acceptance decision.
The Planning Inspectorate’s role at the Pre-application stage includes, amongst other things, advising potential applicants about applying for orders granting development consent. On that basis, provided the advice that the Inspectorate issues is timely, accurate and robust, and provided applicants are responsive to the advice that the Inspectorate issues, the likelihood of multiple application submissions should be minimised. Note previous advice which establishes that only five applications have been withdrawn and resubmitted since the Planning Act 2008 came into force: attachment 1
For further information, our role at the Pre-application stage of the process is explained in detail in our Pre-application Prospectus: attachment 2