Compulsory acquisition for NSIPs—examination, making the DCO, costs, implementation and material change applications
Produced in partnership with Charlotte Coulson of Womble Bond Dickinson
Compulsory acquisition for NSIPs—examination, making the DCO, costs, implementation and material change applications

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—examination, making the DCO, costs, implementation and material change applications
  • Process of examination and hearings
  • Notice of the making of the DCO
  • Costs awards
  • Implementing compulsory acquisition powers
  • Material change application

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).

This Practice Note considers the process of examination of the compulsory acquisition provisions by the Examining Authority for the DCO (ExA), the procedure once the Secretary of State has decided to make the DCO with compulsory acquisition powers, costs awards, implementing compulsory acquisition powers and material change applications.

See also Practice Notes:

  1. Compulsory acquisition for NSIPs—introduction and principles

  2. Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation

  3. Compulsory Acquisition for NSIPs—special categories of land, associated development and additional land

Process of examination and hearings

Principally, the examination of the compulsory acquisition provisions will follow a process of written questions from the ExA and responses from the applicant and those parties who submitted representations.

Those persons whose land will be affected by the compulsory acquisition powers sought are entitled to make representations, which will then be responded to by the applicant in accordance with a set timetable. The