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Meeting with Halite Energy

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Enquiry

Meeting with
Halite Energy
Date of meeting
24 July 2012
Enquiry type
Meeting

At the first Development Consent Order hearing, held on Tuesday 24 July at the North Euston Hotel, the Panel advised that the Planning Inspectorate would issue advice under section 51 of the 2008 Planning Act in relation to the discharge and enforcement of requirements.

Advice given

Section 120 of the Act provides that a DCO may impose requirements and the requirements may in particular include "requirements to obtain the approval of the Secretary of State or any other person, ?"

So long as the person has the requisite powers under its own constitution to give the relevant approval the Act does not prescribe or limit the persons whose approval may be required under the DCO. It is for the applicant (in consultation as required with the local authorities and any other persons) to draft the DCO and agree the mechanism for approval which is appropriate in the circumstances of the development.

In addition, we note s173 of the Act, which prescribes the district council (except in relation to the construction of a hazardous waste facility) as the relevant local planning authority for the purposes of enforcement of any breach of the terms of a DCO. This section doesn't prevent the county council having responsibility for discharge of requirements.