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Advice to Jonathan Fowler

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Enquiry

From
Jonathan Fowler
Date advice given
20 July 2018
Enquiry type
Email

I note from media coverage regarding the recently resubmitted DCO application for the former Manston Airport that part of the site could be used for Operation Stack. The following excerpt is taken from a KentOnline article which can be found at the following link :

http://www.kentonline.co.uk/thanet/news/airport-suitors-to-submit-mark-two-bid-for-site-186367/

"Thanet Conservative county councillor Paul Messenger first revealed the news that there was to be a second application at a full council meeting.

And he revealed there was the possibility the company - RiverOak Strategic Partners - could offer part of the site for holding lorries during Operation Stack. In remarks that pre-empted any official announcement from the company, Cllr Messenger said Manston would help build the county’s resilience in the event that Brexit threatened to cause gridlock." Could the Planning Inspectorate please clarify whether a proposal for use as the site as a lorry park is compatible with a DCO, ie. can a lorry park be considered as a Nationally Significant Infrastructure Project? Or can it be included as part of a separate DCO application which may be an NSIP, even though it is not itself an NSIP, and where it is not an activity which is directly associated with the NSIP.

Advice given

Section 14 of the Planning Act 2008 (PA2008) defines what ‘Nationally Significant Infrastructure Project’ means ie it sets out the types of projects that require development consent in the form of a Development Consent Order (DCO). Section 115 of the PA2008 sets out what development may be included in a DCO.

Government has issued guidance about ‘associated development’, which is available here: https://www.gov.uk/government/publications/planning-act-2008-associated-development-applications-for-major-infrastructure-projects