The following Planning guidance note provides comprehensive and up to date legal information covering:
Development Consent Orders (DCOs) grant consent for nationally significant infrastructure projects under the Planning Act 2008 (PA 2008). Once a DCO has been made, it can be changed by way of a:
non-material change order
material change order
Different procedures apply to applications for each type of change.
The government and the Planning Inspectorate (PINS) have both published guidance on the powers and procedures for making a change to a DCO.
PINS Advice Note 6 Preparation and Submission of Application Documents emphasises the Examining Authority (EA)'s approach that once an application has been submitted and accepted by the EA, there will only be limited opportunity to submit additional or amended information and the Secretary of State will be unable to accept post-submission changes to applications where those changes would result in a materially different scheme during the examination of the application.
Therefore, applicants need to ensure that their proposals are sufficiently developed and consulted upon prior to formal submission to the Secretary of State, taking full account of relevant legislation and guidance. The purpose of the statutory pre-application stage is to front-load project development and require applicants to comprehensively prepare their applications.
The PA 2008, s 119 and Schedule 4 enable the decision-maker to correct a
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