Advice to Dalton Warner Davis LLP

Enquiry

• From: Dalton Warner Davis LLP
• Date advice given: 4 January 2012
• Enquiry type: Email

I should be grateful if you could advise whether it is possible for a proposer (in this case a limited company) of a new NSIP qualifying project to notify the IPC of an emerging DCO application (under s46 of the Planning Act 2008) and then, at a point either prior to the submission of a Scoping Request or prior to the submission of the subsequent DCO application to the IPC/MIPU, change its company identity?

The resultant DCO ‘applicant’ may therefore have a different legal constitution and identity to the one that initially advised the IPC of the project under s46. Under such a scenario, it is likely that the applicant/proposer will become a joint venture company/special purpose vehicle.

Advice given

As discussed on the telephone, there is nothing preventing the addition of partners to a project at pre-application stage. Contact details for the project are published on the IPC website and therefore it is helpful for the name to reflect the developer(s) with which the project is associated with to avoid confusion. Should any changes be made to the developers involved in the project during pre-application, it would be helpful for the IPC to be informed so that this change can be reflected on the website.

As advised it is best to be clear to stakeholders and the public as to what constitutes the proposed development. The IPC have a number of projects registered on the IPC website, this may provide some guidance as to descriptions and names which are currently being used.

In relation to notifying the IPC of a project, at this early stage, I would advise you to complete the attached form and return it to tom.carpen@infrastructure.gsi.gov.uk. I have copied Tom into this email. The information on the form is used to populate the project page on the IPC website. As advised, notifying the IPC of a new project is separate to s46 notification. s46 notification is not a requirement at this stage, however s46 notification should be submitted at the same time or before s42 consultation commences.

As discussed, the IPC encourage early meetings to provide the IPC with details of the project and for the IPC to answer any queries and provide advice on the 2008 Planning Act process. The IPC is unable to comment of the merits of the scheme. As I have mentioned, to enable an open and transparent planning process, advice given to yourselves, stakeholders and members of the public in relation to this project and notes of meetings held will be published on the project page. As there is not currently a project page, any advice given will be recorded on the generic register of advice page.