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Advice to Arup

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Enquiry

From
Arup
Date advice given
9 August 2010
Enquiry type
Email

We are giving some strategic advice to a client regarding a DCO to be submitted to the IPC. We are trying to determine if it is possible to integrate particular ‘non-planning’ consents and permits required into the application for a Development Consent Order. These would be permits such as marine licences from the MMO; Consent associated with Conservation (Natural Habitats etc) Regulations 1994; Rights of Way Diversion Order and TPOs etc.

Section 33 of the Planning Act provides for these non-planning consents to be part of the DCO or not, but I am looking for confirmation as to which permits/ licences etc can or cannot be included. I’m also trying to understand what the interface between permitting bodies such as the EA and the IPC is when it comes to environmental permits/ non-planning consents. I have read that the EA encourage a parallel tracking approach for applicants by applying for environmental permits at the same time as they apply for a development consent order.

I’d appreciate your advice within the next few days.

Many thanks

Advice given

Thank you for your email to my colleague, Amy Cooper, making enquires about the effect of the requirement for development consent on other development regimes.

To the extent that development consent is required for a given development, certain other consents are not required. A list of these consents can be found in section 33 of the 2008 Act. The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 list a number of consents and authorisations the need for which can be removed by the DCO but only with the consent of the usual regulator. The situation with regard to Marine Licences is set out in section 149A of the Act.

Other consents continue to be required as normal, but could of course be granted in parallel by the relevant body. You should take your own legal advice as to which consents are required for any specific proposal. We consider that the development consent regime is a front loaded process, and the IPC encourages applicants to discuss the need for other consents at an early stage.

The IPC maintains a selection of publications and guidance to assist the public and other stakeholders, which are published on our website at http://infrastructure.independent.gov.uk.

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