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Advice to Burgess-Salmon

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Enquiry

From
Burgess-Salmon
Date advice given
21 January 2011
Enquiry type
Email

Should a list of other consents, licences and permits that are likely to be sought in addition to or as part of the DCO (setting out what licence/permit etc is sought from whom approximately when - in relation to the DCO application) be provided to the IPC in advance of the submission of the application.

Advice given

The application form (box 24) asks applicants to list other consents / licences required under other legislation. Paragraph 47 of the CLG Application form guidance states about this: "Where the proposed development will also require other consents, licences, permits, etc, to enable it to be constructed and / or operational, and for which the Commission is not the authorising body, then the applicant must list and briefly describe these in Box 24. Reference should be given to any that have already been applied for, and a copy enclosed of any that the applicant may already be in the possession of. Such other consents could be required for controlling pollution, for example."

In addition, IPC Guidance Note 2, paragraph 22 sets out: "It is also possible for a draft Order to include provisions which remove the need to obtain certain additional authorisations, for example an order under s53 of the Wildlife and Countryside Act 1981 which modifies the definitive map of public rights of way. It is necessary for the authority responsible for granting the authorisation to consent to this process (see s150 of the Act). The list of authorisations which can be treated in this way are contained in Schedule 1 of the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010. The Explanatory Memorandum supplied to the IPC by the promoter should identify the authorisation, the reasons why the promoter is following this route and should state how close the promoter is to achieving consent of the authority concerned. Where a promoter is seeking separate authorisations or licences these should be separately listed in the application submitted to the IPC (see CLG Application form guidance)."

In summary, other consents/licences/permits are an important part of the DCO application. Understanding how these interrelate with the DCO application is particularly relevant to ensure that at submission of an application all necessary information is included to enable the efficient examination of all relevant matters including e.g. requirements necessitated or obviated by other licences/consents.

If you send us your working draft list of other consents/licences/permits we would be happy to provide you with Section 51 advice to help you in making your application under the Planning Act if any procedural points are raised by that list. There is no statutory obligation to publish the draft consents list (although as we discussed you are aware that it may be subject to a request under the Freedom of Information Act) but any advice given would be published on our register of advice. However, we cannot tell you what consents are needed or the approach you should take to obtaining the consents (whether as part of the DCO or in parallel).