Advice to URS Scott Wilson
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- From
- URS Scott Wilson
- Date advice given
- 4 November 2011
- Enquiry type
Email response from the IPC to URS Scott Wilson in regard to issues raised from the introductory project meeting held on 12 October 2011, and a further email from URS Scott Wilson dated 21 October 2011.
Advice given
Please find below our response to the action points that arose from our introductory Project Meeting on 12 October 2011 and your email of 21 October 2011.
Advice on including a "controlled motorway" in the DCO
At our Introductory Project Meeting you sought advice on including, in an application for development consent, land within the boundary of a "controlled motorway". Variable speed limit zones on motorways are designated by regulations made under section 17 of the Road Traffic Regulation Act 1984. Section 120 of the Planning Act 2008 enables an order granting development consent to make provision relating to matters relating to, or ancillary to, the development for which consent is granted, and to apply, modify or exclude statutory provisions. A non-exhaustive list of relevant matters that fall within section 120 is set out in Schedule 5 of the Planning Act 2008 and includes the designation and transfer of trunk roads and special roads. In general terms therefore it would appear that a DCO may make provision for changes in motorway status. You should however seek your own legal advice as to how the relevant DCO articles should be drafted and whether (bearing in mind the individual circumstances of this application) the application or modification of any regulations made under section 17 of the Road Traffic Regulation Act 1984 is necessary or expedient.
Advice on Secretary of State (SoS) Timescales
At the meeting you also sought advice on the expected timescales and how soon the DCO is likely to be issued after a decision by the SoS to grant development consent. Under current timescales the Examining Authority has three months to make its recommendation (assuming it is not able to make a decision itself), and that the SoS has a further three months to make its decision. The publication of the Localism Bill is expected to set out the position under the new regime. However, to date we no update on this and it remains the latest position.
Advice on the SOCC and EIA Regulation 10(b)
In your email of 21 October 2011 providing information about how your published Statement of Community Consultation (SoCC) complies with Regulation 10 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009. It will be important for you to repeat this information in your Consultation Report. At acceptance stage it will be for the acceptance Commissioner to consider compliance with all of the pre-application requirements.
You requested the following documents at the project meeting:
IPC application checklist - please click on the link below to the IPC website
IPC electronic application index - attached.
IPC information on venue requirements for the Pre-liminary Meeting and any Examination Hearings is attached. Please note that this is informal generic advice and that once the Examining Authority is appointed the Commissioner(s) may deviate from this. Progressing to Examination stage is, of course subject to the application being accepted under s55 of the Planning Act 2008.