Advice to Marrons
Back to listEnquiry
- From
- Marrons
- Date advice given
- 27 October 2010
- Enquiry type
Attached to the email was a comprehensive list of the first draft application documents. The applicant asked for any comments on these proposed documents. Including a query about Reg 5(2)(o) and which of the documents stated in the list should be Works Plans and which ?other plans??
Advice given
The IPC stated that at this pre-application stage of the process we are unable to comment on whether your proposed list of DCO application documents includes the correct documentation, nor under which specific Regulation any particular document(s) should be submitted. The applicant was advised to be aware that the IPC is unable to give advice upon which applicants (and others) can rely. The onus is on the applicant to ensure that they comply with inter alia the Planning Act 2008 and the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (the APFP Regulations) in terms of submitting the correct documentation. As noted below, the pre-application consultation process may, for example, result in the need for additional information to be submitted which may not be currently apparent. Only when the final documents have been submitted with the DCO application can the IPC formally decide if the correct documents have been submitted, and whether or not the application can be accepted in accordance with s.55 of the Planning Act 2008.
In response to the specific query:- Regulation 5(2)(j) of the APFP Regulations sets out what a works plan should show. Works plan must be submitted with every DCO application. Guidance on the works plan is provided in para. 22 of the 'CLG Guidance ? Planning Act 2008: Application Form Guidance' (the CLG Guidance). This states that 'The purpose of the (works) plan is to set out the proposed positioning of the development and works at the location or locations in question. The applicant may also set out other information on this plan if it so wishes'. Regulation 5(2)(o) of the APFP Regulations refers to 'any other plans, drawings and sections necessary to describe the proposal for which development consent is sought..'. Regulation 5(2)(o) sets out a list of those matters that these plans, drawings and sections are to show, for example details of design, external appearance and preferred layout of buildings or structures. If such documents exist and are '....necessary to describe the proposal for which development consent is sought.....' then they must be submitted pursuant to Regulation 5(2)(o). Paragraph 44 of the CLG Guidance sets out specific guidance on those documents that must be submitted pursuant to Regulation 5(2)(o) Regulation 5(2)(q) of the APFP Regulations refers to ?any other documents considered necessary to support the application'. Para. 45 of the CLG Guidance provides guidance on when such documents would need to be submitted. An applicant may decide to submit additional documentation to accompany their DCO application, which is not explicitly required by Regulations, or by relevant NPSs. These additional documents may, for example, include documents resulting from pre-application consultation and publicity, such as those suggested or asked for by respondents, which the applicant wishes to include. It is for the applicant to decide whether or not to submit such documents. Para. 46 of the CLG Guidance provides guidance on the circumstances in which applicants may wish to submit such documents