Transport project procurement—planning law considerations
Produced in partnership with Matthew Hanslip Ward of Dentons UKMEA LLP

The following Public Law practice note produced in partnership with Matthew Hanslip Ward of Dentons UKMEA LLP provides comprehensive and up to date legal information covering:

  • Transport project procurement—planning law considerations
  • Town and Country Planning and other approvals
  • Planning and related powers
  • Nationally Significant Infrastructure Projects (NSIPs)
  • TWA orders
  • Acts of Parliament—hybrid bills

Transport project procurement—planning law considerations

The procurement of major transport projects will require the procuring authority to address a wide range of issues from the outset, including obtaining all required planning consents and permissions for the project. This Practice Note considers some of the issues likely to be encountered when addressing these challenges.

Town and Country Planning and other approvals

Land use consent will be required for the project to authorise its construction and operation. The use of related powers may also be necessary to:

  1. compulsorily acquire land and rights to construct and operate the project

  2. override existing rights which would allow third parties to block the project

  3. alter existing highways, commons and waterways

  4. authorise works to heritage assets (listed buildings, scheduled ancient monuments)

  5. authorise activities such as tolling

  6. impose byelaws and modify legislation

The form of consent will depend on the desirability of having a single process for authorising all elements of the project in light of the number of related consents, regulatory regimes and jurisdictions involved. It will also reflect the level of political support for the project. There are four main options:

  1. individual permissions and powers under planning, highways and compulsory purchase law

  2. Development Consent Orders under the Planning Act 2008 (PA 2008) regime (DCOs)

  3. Transport and Works Act 1992 Orders (TWA orders)

  4. Acts of Parliament

Planning and related powers

An application for planning permission may be

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