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Advice to Mills & Reeve LLP

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Enquiry

From
Mills & Reeve LLP
Date advice given
20 October 2014
Enquiry type
Email

I would like to enquire as to whether a Secretary of State, when making a decision on a NSIP, can make recommendations/amendments on the proposals before him, or whether he must simply grant or refuse the permission on the exact terms presented to him

Advice given

The secretary of state receives a recommendation and report from an Examining authority who will have examined an application for a DCO as put before them. During the examination minor, non-material changes can be made to the application as submitted. You may also be interested in the attached letter from Bob Neill which deals with more significant post application changes: http://infrastructure.planningportal.gov.uk/wp-content/uploads/2011/11/111130_Ltr-from-Bob-Neill-MP-re-s114.pdf

Once the process is complete and the decision made by the secretary of state to consent a Development Consent Order the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 applies. A link can be found here http://www.legislation.gov.uk/uksi/2011/2055/contents/made .