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Advice to Pinsent Masons

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Enquiry

From
Pinsent Masons
Date advice given
5 May 2011
Enquiry type
Email

Correspondent queried whether a Development Consent Order (DCO) may make provision for incidental matters dealt with by the Highways Act 1980 such as licencing the planting of trees in a highway (s142 Highways Act) or imposing penalties for damaging a highway (s131 Highways Act).

Advice given

Advised that a DCO may make provision for matters including any of the matters listed in Part 1 of Schedule 5. The first question to ask is whether the Highways Act provisions mentioned may be provided for by way of an ancillary matter.

Advised that under s120 (5) of the Planning Act a DCO may apply statutory provisions subject to those provisions relating to a matter for which provision may in fact be made in the DCO (and subject also to the conditions in s120). Pinsent Masons would of course need to advise their clients accordingly as to whether the proposed DCO could or should apply any statutory provision in the Highways Act.