Skip to main content
Find a National Infrastructure Project

Beta This is a beta service - your feedback will help us to improve it

Advice to Bircham Dyson Bell LLP

Back to list

Enquiry

From
Bircham Dyson Bell LLP
Date advice given
17 August 2011
Enquiry type
Email

Mr Walker enquired about the potential for inclusion of requirements within the DCO in relation to agreeing finished ground levels of the compensatory land with the regulator and Local Authority.

Advice given

In principle it is possible to include within the DCO a requirement which would see the finished ground levels within the compensation site agreed with the local authority prior to the commencement of works.

However, we would advise that in determining whether to adopt this approach you should be mindful of the following. We note that you have identified that the ES will assess the "worst credible significant impacts for the range of possible FGLs" and we would support this action. However, it is also important to ensure that sufficient information will be available to satisfy the HRA process and that this information will be required at the acceptance stage. Furthermore, clarity will be required that the site is, in the view of the regulator, capable of creating the required type and quantum habitat. We refer to IPC Advice Note 10 on this matter.