Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation
Produced in partnership with Charlotte Coulson of Womble Bond Dickinson
Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation

The following Planning guidance note Produced in partnership with Charlotte Coulson of Womble Bond Dickinson provides comprehensive and up to date legal information covering:

  • Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation
  • Draft DCO
  • Documentation to support the compulsory acquisition case

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Practice Note: Brexit—the implications for English and Welsh planning law and practice or visit the Planning area of the Brexit toolkit.

The Planning Act 2008 (PA 2008) introduced development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). The regime provides for the grant of compulsory acquisition powers as part of the DCO, with no need to seek separate compulsory purchase order powers for such NSIPs (this applies in respect of development in England. For development in Wales, where compulsory acquisition is required for associated development, a separate compulsory purchase order will still need to be promoted). For further background, see: Compulsory acquisition for NSIPs—introduction and principles.

This Practice Note assumes that the decision to include powers of compulsory acquisition in the draft DCO has been made, and considers the draft compulsory acquisition provisions and supporting documentation for the DCO application, as well as the procedure on acceptance of the DCO application by the Examining Authority under PA 2008 (ExA).

See also Practice Notes:

  1. Compulsory acquisition for NSIPs—introduction and principles

  2. Compulsory acquisition for