Advice to Network Rail

Enquiry

• From: Network Rail
• Date advice given: 10 May 2011
• Enquiry type: Phone

Mr Pearson of Network Rail enquired about regulation 5(2)(l) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Regulations, states that plans and information identifying sites of nature conservation, habitats of protected species or other diversity features and water bodies in a river basin management plan should be provided in an application for development consent.

Mr Pearson queried whether this regulation would require a separate document be prepared in an application for development consent or whether this regulation can be fulfilled by providing the information in the environmental statement.

Advice given

The plans and information described in Regulation 5(2)(l) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 must accompany an application for an order granting development consent, where applicable. These can be included in the Environmental Statement, and there is no requirement for them to be provided additionally in a separate document. Reference to the location of such plans and information within the application documents must be made in Box 16 of the DCO application form (i.e. the figure, chapter and document numbers).

Whilst the Commission has a power under s51 of the Act to give advice about the general process for applying for an order granting development consent, or making representations about an application (or proposed application) for such an order, we are unable to provide a legal opinion as to whether development consent is required or on the interpretation of legislation, which is a matter that only the Courts can determine. We strongly advise applicants to seek their own legal advice on which they can rely.