It seems to me that the powers granted under the 2008 planning act were really supposed to speed up the planning process for major infrastructure designated by government as essential to the future of the country. These powers are extremely developer friendly and should therefore only be used by developers of significant size with relevant experience of delivering projects of the type designated. Looking at the usual applicants for a DCO they generally meet these conditions, but it seems the legislation allows anyone, even me, to apply for a DCO even though they might have no balance sheet assets or experience of operating successfully within the respective area. I don't believe this can have been the objective of the legislation and wondered therefore how the current legislation could be challenged and changed so it is used more appropriately as I believe was intended.
You would need to take your own legal advice is respect of this matter.
The Planning Inspectorate can issue advice about:
• Apply for an order granting development consent; or
• Making representations about an application for development consent.