Advice to Pinsent Masons LLP

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Enquiry

From
Pinsent Masons LLP
Date advice given
19 July 2013
Enquiry type
Phone

Enquiry regarding the availability of a blank form of Development Consent Order (DCO).

Advice given

I am writing in response to the query you raised with my colleague on 5 July 2013 about the availability of a blank form of Development Consent Order (DCO).

There is no standard blank form for a Development Consent Order. The DCO will ultimately need to be prepared by the relevant government department in accordance with the drafting conventions for statutory instruments (SI), using the SI template, to ensure it is in the correct form for publication and printing. However, we do not expect developers to procure the SI template software or submit their draft DCO as a validated instrument; rather we would expect developers to prepare the draft DCO using a standard Word document but in the correct SI format (title, font, etc.). If development consent is granted, it would then be for the appropriate government department to correct any formatting errors, using the SI template.

We advise developers to prepare their draft DCO in the form of a SI, as this will assist the department with correcting any formatting errors and validating the DCO in a timely manner. Therefore, developers need only to ensure the DCO is in the correct format, but the compatibility will then be checked by the department.

On the basis of the above, it would not be necessary for you to prepare the draft DCO using the SI template. You would only be required to prepare the draft DCO in the appropriate format using a standard Word document, perhaps using another SI as an example to assist you with the correct format (for example, the Rookery South DCO).

Planning Inspectorate Advice Note 13 (Preparation of a draft order granting development consent and explanatory memorandum) provides advice for developers as to the correct format to be used when preparing their draft DCO. Advice Note 13 can be accessed from the link below:

http://infrastructure.planningportal.gov.uk/wpcontent/uploads/2013/04/Advice-note-13v2.pdf

It may be useful to also look at the Advice Note 6 on preparation and submission of application documents, see link below:

http://infrastructure.planningportal.gov.uk/wp-content/uploads/2013/04/Advice-note-6-version-5.pdf

If you have any further queries please do not hesitate to contact us again.