Under the Planning Act 2008, a DCO is the means of obtaining permission to construct and maintain developments categorised as an NSIP (Nationally Significant Infrastructure Project). This includes energy, transport, water and waste projects. Some of our major road improvement proposals are classed as NSIPs.
Stage 1: Pre-application
This can take a number of years where a developer will design the proposed scheme. During this phase there will be both walk over and intrusive surveys that will inform design as well as statutory and/or non-statutory consultations, e.g. with relevant statutory bodies and local authorities as well as local communities. Any affected persons, i.e. those subject to compulsory acquisition, will be notified at this stage.
This is the best time for members to be engaging with the developer to influence scheme design. There is likely to be far less scope for change as the design develops.
Recommendations for members
- Contact the NFU to let them know you may be affected by the project 鈥� This will enable the NFU to keep in contact with you regarding the project.
- Instruct and agent and tell the NFU who that is 鈥� This will ensure the NFU Infrastructure Team will be able to work with your agent.
- Engage with the Developer and tell them the impacts the project may have on your business, through consultation responses and meetings聽鈥� This will enable you to influence the scheme to minimize the impact on your property and business.
Potential NFU Involvement
- Respond to any non-statutory or statutory consultations as necessary
- Provide guidance to Members with regard to the process.
- Set up a working group of agents 鈥� The infrastructure team will work closely with members鈥� agents throughout the scheme to provide support as necessary for the benefit of the members affected by the project. Examples include negotiating generic Heads of Terms and survey licenses.
- Negotiation of voluntary agreements, where applicable.聽
Negotiation of voluntary agreements, where applicable.
Stage 2: Pre-examination
Once a developer submits an application, the Planning Inspectorate has 28 days to confirm that they have sufficient information to accept the application for examination. When the application is accepted for examination, this marks the start of the pre- examination stage. If refused, there is a 6-week window for the Applicant to raise a legal challenge.
During the Pre-Examination Stage, the public and organisations can register as an Interested Party to be able to make representations throughout the examination. The timeframe for registering as an Interested Party will be set by the Applicant but must be no less than 28 days. The pre-examination stage takes approximately three months and will involve a preliminary meeting whereby a timetable will be set for examination.
Recommendations for members
- Either you or your agent should register as an interested party for the examination.
- Continue to engage with the developer on the impacts of the scheme.
- Continue to engage with the NFU on the scheme and impacts on your business. 皇家华人will be able to raise generic issues on behalf of members.
Potential NFU Involvement
- 皇家华人will register as an interested party, where appropriate, so that we can make representations on behalf of members affected by the project.
- 皇家华人will continue work with members and their agents to collate wider issues to be raised during the examination stage and prepare the first submission (response) to the examiners.
Stage 3: Examination
The examination phase lasts up to 6 months. During this period, those that have registered can participate through written representations and by attending hearings. A panel of at least three examiners will consider any representations made and set follow up questions if necessary.
Within three months of the close of the examination the examiners will prepare a report including a recommendation for the Secretary of State. The Secretary of State then has a further three months to make the final decision on whether or not to grant consent. Therefore, the examination and decision phase can be expected to take approximately 12months.
Recommendations for members
- Engage in the examination process through making representations to the Examiners on any unresolved issues.
- Continue to engage with the developer on the impacts of the scheme.
- Continue to engage with the NFU on the scheme and impacts on your business. 皇家华人will be able to raise generic issues on behalf of members.
Potential NFU Involvement
- 皇家华人Infrastructure Team will participate in the examination through written representations and hearings working with members鈥� agents to further identify and raise any overarching concerns.
Stage 4:聽Post-consent
Once the decision has been made by the Secretary of State, there is a 6-week period in which the Applicant and /or Interested Parties can raise a legal challenge in the High Court (Judicial Review).
Following the 6-week period (subject to any legal challenge etc), the project will move into the construction phase where land or rights will be acquired from Members and the project will be constructed.
Recommendations for members
- Continue to engage with the developer on the impacts of the scheme, keeping records of conversations and issues that may occur.
- Continue to engage with the NFU on the scheme and impacts on your business. 皇家华人will be able to raise generic issues on behalf of members.
Potential NFU Involvement
The Infrastructure Team will remain a point of contact for agents, and regional staff to raise construction issues that members may have with the relevant developer as the project progresses.