Advice to Dave Chillistone

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Enquiry

From
Dave Chillistone
Date advice given
14 June 2017
Enquiry type
Email

As I understand the process, in order for a NSIP to proceed, a DCO application must be made to the Planning Inspectorate.

What if a relatively small infrastructure project (a railway re-opening) fails to meet all of the legal criteria for being classed as a NSIP?

Can a DCO application for a non-NSIP infrastructure project still be submitted to the Planning Inspectorate, later to be signed by the Secretary of State (or delegate)?

Or must a non-NSIP infrastructure project use some other process, such as a TWAct Order?

Advice given

Development consent (ie consent in the form of a Development Consent Order) is required for development to the extent that the development is or forms part of a Nationally Significant Infrastructure Project (NSIP). NSIPs are defined in ss14 through s30A of the Planning Act 2008 (as amended) (the PA2008).

Section 35 of the PA2008 though states that the Secretary of State may give a direction for development to be treated as development for which development consent is required. A ‘s35 direction’ is the only mechanism through which development which is not an NSIP (or part of an NSIP) can be caused to require development consent.