Promoting and enhancing best practice and technical expertise

Development Consent Orders - Practice and Perfection

Development Consent Orders (DCOs) were created by the Planning Act 2008 for Nationally Significant Infrastructure Projects (NSIPs). The goal was to create a single process for consents, front loading consultation to speed the decision making process. Importantly, the process provides certainty of time scale once Examination starts. The Act is a success and its potential use has been expanded for commercial projects; soon an element of housing can even be included.

The DCO process is thorough and demands extensive pre-application consultation. It requires great effort and copious and accurate documentation from the applicant in order for the application to be accepted.

Start Date Venue Price  
16 November 2016 Strand Palace Hotel, London    

Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate

Event duration: Day Event (Lunch Included), 6 hours CPD.
Registration from: 9.30. Event starts at: 10.00. Event finishes at: 17.20.

Of the number of DCO applications accepted for examination, 4 have failed to gain consent. Several consented schemes have not been built out – and look unlikely to be implemented. Given the costs involved – a minimum of £10m is likely to be spent on a DCO application, careful consideration is essential before committing the time and resource needed to succeed.

This seminar is not about how to make an application for a DCO, but how to do it better. 

The programme also considers what changes will result from the Housing and Planning Act and what changes to the regime may occur in the future. The speakers all have considerable DCO experience, from a variety of perspectives and are eminently qualified to speak with authority on DCOs.

Speakers

Programme

Introduction by Chairman

The Ambition for the 2008 Act – and has it been a success?

Success at every Stage - Lessons from previous DCOs

  •  The Client Perspective
    • Finding the team
    • Resources
    • Risk assessment
    • Leading on consultation
    • Dealing with funding issues
    • The Examination – the client's role and what it expects of its team
    • The key questions before you start
  • It's not all about you! - What else the client is dealing with
  • What works well for the client and what does not 

Modern Drafting Conventions

  • Why Inspectors ask for ‘modern’ drafting?
  • What does it mean?
  • Some modern drafting conventions
  • I said ‘modern’, not ‘street’; in’it

The Planning Case

Including EIA and Habitats Regulations

  • Evidence
  • Dealing with the Statutory Bodies
  • The most likely pitfall?
  • What the Panel and SoS need
  • Reducing challenge risk
  • What the challenges and refusals tell us
  • An ongoing issue?

The Compulsory Acquisition Case

  • The statutory powers
  • Policy context 
  • Surveys and requests for information
  • Relevance of alternatives 
  • Practical application 
  • The future

Tips and traps in the Examination - the Examining Inspector's viewpoint

  • Hearings
  • Inquisitorial approach
  • Consultation
  • Examining Authority Questions
  • Temporary Possession
  • C3 interests
  • Road Map
  • CA -Examination approach Changes to the application
  • Local Authorities/Statutory undertakers/statutory consultees
  • CA -schedule of Objections
  • Role of Statements of Common Ground.
  • Local Impact Reports – how important are they?
  • Do's and dont's to keep your Panel happy

Taking possession and starting works

  • Surveys and requests for information
  • Discharging requirements
  • Other preconditions
  • Other consents
  • Assurances and undertakings
    • Preparing for taking land
    • Types of acquisition and how to choose between them
    • Dealing with Rights and covenants
    • Negotiations
  • Changes to timetable and the scheme proposals – what do you need to watch for?
  • Impacts of recent and proposed legislative change

What next for the Planning Act?

  • The Ancillary Housing Power
  • Should Housing schemes be NSIPs – the industry view
  • Is the regime right for housing ?
  • The political hurdles to change
  • Commercial NSIPs– why are there not more?
  • Is the 2008 Act right for you?
  • What more is needed to meet the ambitions of the Act's champions?

Questions and Chairman's conclusions

Close