Advice to ATKINS

Enquiry

• From: ATKINS
• Date advice given: 6 February 2017
• Enquiry type: Email

I understand that an application for a DCO makes provision for developers to detail other consents etc that are required under legislation other than the 2008 Act. Certain prescribed consents can be consented separately or included in a DCO.

Could you please provide me with a list of the consents that can be included in a DCO?

Advice given

Thank you for your email. As you correctly say, the DCO regime is intended to minimise the need for parallel consents.

You may wish to refer to Section 33, Part 7 and Schedule 5 of the 2008 Act, and Schedule 2 of the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015, as a starting point.

A fully comprehensive list of consents that could be incorporated into a DCO, however, is a somewhat technical question. It could also encompasses those consents that are not needed or cannot be granted in respect of schemes defined by the Planning Act 2008 as National Significant Infrastructure Projects, and the possible effect of modification or disapplication of statutory provisions in a DCO. I’m afraid it goes beyond procedural matters on which we would normally give advice. You may want to take your own legal advice.