How to Support a Development Consent order

Ahead of the forthcoming submission of a Development Consent Order by Gatwick Airport I was looking for articles and information into how to show support for a DCO.

And there aren’t any!?

That is understandable as very few people will be driven to support any planning application, aside from the Applicant, whilst those who oppose are highly motivated.?

As a result, I thought I would write a guide as DCOs are the key planning tool to bring about development of the much-needed infrastructure such as power plants, airports, railways, highways, and harbours that is vital to our economic and societal growth.

What is a Development Consent Order (DCO)?

It is a type of planning permission in the UK that is granted by the relevant Secretary of State for large infrastructure projects that are considered nationally significant, as they have the potential to have significant impacts (both positive and negative) on the environment, economy, and society. ?

Across the country there are more than 200 DCO Applications at various stages with the A27 Bypass, Rampion 2 Wind Farm and Gatwick Airport Northern Runway Project being of most relevance to the region that I work in, but there are many others that could be relevant to you.

Have a look at https://infrastructure.planninginspectorate.gov.uk/projects ?to see the full list of current and previous DCO applications, including details of the projects, timelines, and status of each application.

To achieve a DCO, the applicant must carry out a consultation with stakeholders before submitting a detailed application to the Planning Inspectorate.?This application will include information on the proposed development, potential impacts, and any mitigation measures that will be taken to minimize those impacts. The application is then subject to an examination period, during which members of the public and other stakeholders can provide feedback on the proposed development.?

This examination can include public hearings and an inquiry before the Planning Inspectorate then makes a recommendation to the Secretary of State, who makes the final decision on whether to grant the DCO.

Once a DCO is granted, it provides the developer with permission to build and operate the infrastructure project, subject to any conditions specified in the order.

Overall, the DCO process is designed to be transparent, participatory, and evidence-based, allowing for all relevant parties to have their say and ensuring that the potential impacts of large infrastructure projects are carefully considered before approval.

What are the specific stages of a DCO?

1. Pre-application stage: The applicant prepares the project proposal, assesses the potential impacts of the development, and carries out a consultation to engage with stakeholders, including the public, to gather feedback.

2. Application stage: The applicant submits the DCO application, which includes a detailed description of the project, its potential impacts, and any proposed mitigation measures. The application is reviewed by the Planning Inspectorate for completeness, and if accepted, the formal process begins.

3. Pre-examination stage: The Planning Inspectorate carries out an initial assessment of the application and determines the scope of the examination process. They also establish a timetable for the examination and invite relevant parties to participate.

Once the Planning Inspectorate has accepted an application for Examination, it is the applicant’s duty to advertise the Relevant Representation period and provide details about how to register to become an Interested Party.?By registering as an Interested Party you will be able to make a Relevant Representation summarising your views on an application, made in writing.

An Examining Authority is also appointed at the Pre-examination stage, and all Interested Parties will be invited to attend a Preliminary Meeting, run and chaired by the Examining Authority.

Although there is no statutory timescale for this stage of the process, it usually takes approximately three months from the Applicant’s formal notification and publicity of an accepted application.

4. Examination stage: The examination stage includes an open floor hearing where the public and other stakeholders can express their views, followed by written representations and further public hearings or roundtable discussions, if necessary. The Planning Inspectorate considers all evidence and submissions before making a recommendation to the Secretary of State.

The Planning Inspectorate has up to six months to carry out the examination. During this stage Interested Parties who have registered by making a Relevant Representation are invited to provide more details of their views in writing. Careful consideration is given by the Examining Authority to all the important and relevant matters including the representations of all Interested Parties, any supporting evidence submitted, and answers provided to the Examining Authority’s questions set out in writing or posed at hearings.

You can send in your representations in writing, you can request to speak at a public hearing, and you can comment on other Interested Parties’ representations.?There may also be the opportunity to attend Hearings and Site Visits

5. Recommendation: A recommendation to the relevant Secretary of State will be issued by the Examining Authority within 3 months of the examination closing.

6. Decision stage: The Secretary of State reviews the Planning Inspectorate's recommendation and decides on whether to grant the DCO. They may accept, reject, or modify the application, and can impose conditions on the project if it is approved.

The Planning Inspectorate must prepare a report on the application to the relevant Secretary of State, including a recommendation, within three months of the close of the six-month Examination stage. The relevant Secretary of State then has a further three months to make the decision on whether to grant or refuse development consent.

7. Post-decision stage: The applicant can appeal the decision, and the Secretary of State can also revoke or modify the DCO. If the DCO is granted, the developer must comply with the conditions set out in the order and obtain any additional permits or approvals required before commencing construction.

Once a decision has been issued by the relevant Secretary of State, there is a six-week period in which the decision may be challenged in the High Court. This process of legal challenge is known as Judicial Review.

How can you be involved?

1. Register as an Interested Party as soon as the Pre-Examination Period starts.?

This will allow you to make representations explaining why you believe the project is necessary and beneficial. You can also highlight any positive impacts the project might have on the local community, economy, and environment.?You can do this online or by post, depending on the authority's preferred method. Your representation should be clear, concise, and evidence-based, if possible.

2. Attend any public inquiry to express your support for the development as the Planning Inspectorate will consider the application and any objections or comments made during the previous consultation period. In order to do this you will need to have made a representation and gained agreement to speak in advance, or agreed to participate in a topic-specific hearing with the Examining Panel.??

3.?Write to your local MP to express your support for the development & encourage them to raise the issue in Parliament and advocate for the development to be approved.

Any representations must be made within the Examination period which will be advertised by that Applicant as well as on the authority's website and in local newspapers.

As an Interested Party you should be kept advised of the progress of the DCO application and find out about any future hearings or site visits, but it is worth keeping an eye on the applicant’s & the authority's websites.

Further information

https://infrastructure.planninginspectorate.gov.uk/application-process/participating-in-the-process/

Full guidance on your involvement at each stage can also be found here, under Advice Note 8: https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/advice-notes/advice-note-eight-overview-of-the-nationally-significant-infrastructure-planning-process-for-members-of-the-public-and-others/