Advice to Laviniere Enfield Council

Enquiry

• From: Laviniere Enfield Council
• Date advice given: 17 October 2012
• Enquiry type: Phone

General query regarding how and when to comment on the content of draft development consent orders and if changes can be made to an order following decision.

Advice given

The following advice was provided: Following our telephone conversation earlier in the week, I thought it would be useful to send you a link to the Planning Inspectorate's advice note on the preparation of local impact reports: http://infrastructure.planningportal.gov.uk/wp-content/uploads/2012/03/Advice-note-1v2.pdf

Local impact reports can be submitted by local authorities at the examination stage of the process. With regard to what we discussed on the telephone, the above advice note states that: 'It will be important for the Examining Authority to have the local authority’s views on DCO articles, requirements and DCO obligations. Where specific mitigation or compensatory measures are proposed by the applicant, by way of suggested DCO articles and requirements; or DCO obligations, these should be identified and commented upon. Local authorities should mention them explicitly. The same applies to DCO articles; requirements; and obligations that the local authority considers ought to be included.'

I have also included a link to our advice note for applicants on the preparation of draft development consent orders for your information, see below: http://infrastructure.planningportal.gov.uk/wp-content/uploads/2012/03/Advice-note-13.pdf

In answer to your question regarding changes to a development consent order following a decision, there are only certain circumstances where the Secretary of State may make changes. Please refer to the following schedules of the Planning Act 2009 (as amended by the Localism Act 2011) for further information:

• Schedule 4 'Correction of errors in development consent decisions'
• Schedule 6 'Changes to, and revocation of, orders granting development consent'