Advice to Eversheds LLP
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- From
- Eversheds LLP
- Date advice given
- 6 May 2010
- Enquiry type
We have the following enquiry and would appreciate your views.
Regulation 5(2) of the 2009 Regulations specifies at subparagraphs (i) to (n) individual plans which are required to accompany the application for a Development Consent Order.
In the Department for Communities and Local Government's Application form guidance (September 2008),
(a) at Section 1, paragraph 6 states "All applications must include two specific plans, namely a land plan and a works plan. .......Aside from these two,..... It is acceptable for a plan to incorporate several issues, as long as there is sufficient clarity for each issue to be understood,..."
(b) at Section 2, paragraphs 21 (Box 11:Land plan) and 22 (Box 12:Works plan) each state "... The applicant may also set out other information on this plan if it so wishes."
Is it acceptable, where it is practicable to do so and where the information required to satisfy compliance with subparagraphs (i) to (n) can be shown on one composite plan, to combine various plans and produce one plan containing information relating to, for example, land, works and highways?
Advice given
As per the guidance notes "Planning Act 2008: Nationally significant infrastructure projects - application form guidance" it is clear from paragraph 6 that two specific plans are to be included when submitting an application granting development consent to the IPC. The plans; a land plan and a works plan are described in statutory instrument # 2264 " The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 at Regulation 5(2) subparagraphs (i) to (j). The IPC would not accept an application where these two distinct plans were not included separately.
As per the Department for Communities and Local Government's Application form guidance (September 2008) Section 1, paragraph 6; "It is acceptable for a plan to incorporate several issues, as long as there is sufficent clarity for each issue to be understood, and the plan and issues appropriately referenced throughout the application form."
A plan which incorporates up to several issues would be accepted by the IPC but as stated previously, the plan would need to be legible and show sufficient clarity. The IPC reserves the right to not accept applications that include plans that are unclear. The extent to which issues and information can be combined on plans will largely depend on the complexity of the project. If an applicant has any doubts about this, we would be happy to provide advice about any draft application (including plans), prior to formal submission of the application to the IPC.