Bruton Knowles Development consent order process 2016

Nationally Significant Infrastructure Projects (NSIP)

The Development Consent Order CPO

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The Development Consent Order The Planning Act 2008 and new process for Statutory Bodies/Developers to obtain consent and powers to acquire land for a new development scheme.

Overview: Under the Planning Act 2008 any statutory body wishing to embark on a new development is required to submit a draft Development Consent Order to the Planning Inspectorate if the scale of the development exceeds specified limits referred to in the National Policy Statements.

The submission of the draft Development Consent Order should contain a complete rationale for the scheme, the reasons for the route selection, the comments raised by those directly and indirectly affected

by the scheme and the promoters’ response to those comments.

The DCO should include an Environmental Statement that details the terrain, ecology and other environmental factors within the locality of the works area and how these will be affected.

Ideally a wide corridor(s) is identified initially which is gradually minimised once public opinion, environmental factors and engineering constraints are known.

Scoping possible routes The process of identifying possible design solutions to complete the scheme.

This may require access to private land, but would mainly be a desktop exercise to identify the various options.

BK can...

Reference the land by obtaining Land Registry information and make detailed local enquiries on site for any unregistered land. Land Registry address information should be regarded as a starting point only as it is often out of date. Reliable contact details of land owners and occupiers need to be obtained.

Nationally Significant Infrastructure Projects (NSIP)

Land Assembly

Landowner liaison

Planning Inspectorate

Professional representation

Referencing

Route Corridor(s) Once the scoping exercise is complete the options should be tabled in public.

It is good practice to publicise events where more information can be obtained, and to send plans to those whose land is proposed to be used for the scheme. Invite comments so that the information can be used to help adjust the route.

BK can...

Create individual plans to send to those with landed interests within the corridor and carry out an informal consultation exercise to assist in gauging public opinion.

Interest in Land

Objection Management

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Informal Consultation

Ecology surveys These are required for the Environmental Assessment and need to cover a large area so that the information can be used when determining the optimum route.

BK can...

Contact the landowners and arrange access for these surveys.

Where access is refused, there are often legal routes to obtain entry and again BK can assist in collating information necessary for this legal process.

Ecology surveys

Access to land

Engineering surveys Ground conditions, topography and other design considerations need to be ascertained. All design constraints need to be overcome that may affect the design and route of a scheme.

BK can...

Arrange access to the land for both intrusive and non-intrusive investigations. Other surveys that may need consideration are photographic montages so that a visual representation can be produced for public consultation.

Engineering surveys

Interest in Land

Formal consultation Under S42 of the Planning Act 2008, formal consultation is necessary once the route is determined and extent of the land needed for construction is known.

Good practice would be to provide those directly affected by the scheme with a plan of their land overlaid with the extent of the permanent and temporary land requirements of the scheme.

Geographical Information System (GIS)

BK can...

Prepare plans using our GIS system synchronised to our database of landowners and occupiers.

The Consultation should be very thorough with exhibitions and opportunities for the public to find out about the route and works and provide their comments.

Order Limits

Section 42 Consultation

Meetings

Planning Act 2008

It is good practice to log all comments and provide a response to each person so that the Planning Inspectorate can see that all comments have been considered.

BK can assist by visiting consultees and recording the feedback.

Private agreements The Planning Act requires scheme Developers to attempt to reach agreement on their land requirements.

If the detailed requirements are not known at this stage,

Option agreements Land Take

Easements

Compensation

the optimum method is to offer Landowners an option agreement that can be exercised once the DCO has been approved and allows promoters to take land within a pre-agreed tolerance.

BK can...

Negotiate and agree these Option agreements or other private agreements to assist in demonstrating that reasonable attempts have been made to acquire the necessary rights to the land.

Book of Reference A full schedule of land interests is required as part of the DCO submission, this has to be shown as individual plots with associated landowners, leaseholders and occupiers.

The Book of Reference includes the Land Plans that show the land required for the scheme and the use for which each plot is needed. There is a fixed format for the Book of Reference.

CPO

Land Plans

BK can...

Produce this Book of Reference and the Land Plans from the GIS / database systems. We can also provide Schedules of Variation and other important documents.

CPO

Book of Reference

Submission of DCO BK can...

Submission for a Development Consent Order should include an entitlement to acquire land by compulsion so that the scheme can be built. This will entitle the Developer to take rights to land where a private agreement cannot made, or the full land interests are unknown.

After submission The Planning Inspectorate has 28 days to check the application has been properly made. Once approved, the applicant is required to notify every person listed within the Book of Reference that the

Supply the address details to facilitate the necessary s.56 notice, and fulfil the requirement to post and maintain notices on site for the statutory period.

This invites all interested parties to make representations to the Planning Inspectorate about the scheme.

application has been accepted and will proceed to examination.

This requires the placing of notices on all areas of land with unknown ownerships and in public places along the route.

Expert Witness

Compulsory Purchase Order (CPO) Statement of Reasons

Pre-examination The Planning Inspectorate will issue formal correspondence in the form of a Rule 6 and Rule 8 letter.

The Rule 6 letter invites the public to the public hearing, providing details of the time and location.

The Rule 8 letter follows scrutiny of the submission documents and the public representations and lists out a series of questions that the Planning Inspectorate desires the applicant to respond to.

BK can...

Assist with this process where queries relate to land interests.

28 Day Timeframe

Proceed to examination

Examination & Hearings Planning Inspectorate has six months to carry out the examination.

During this stage formal hearings are held, chaired by appointed inspectors. Those who wish to make further representations to the Inspectorate are invited to speak and the applicant asked to respond.

BK can...

Assist during the examination process providing responses to land issues as required. BK can provide a schedule of useful information for the advocate to refer to during this fast-paced inquiry.

Land issues

Representations to the inspectorate

Post DCO Approval Having considered all the information the Planning Inspectorate will make a recommendation to the appropriate Secretary of State who makes the final decision.

BK can...

Once final approval is granted, BK can assist in carrying out photographic records of condition ahead of the scheme construction. This will serve as a reference document in case of dispute of reinstatement of the land or claims for compensation.

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Dispute of reinstatement

CPO

Planning Inspectorate

Compensation Whether the land is subject to a CPO or not, the landowners and occupiers affected by the scheme will be entitled to compensation for their losses. Ultimately any dispute can be referred to Lands Chamber (Upper Tribunal), formerly Lands Tribunal a division of the High Court, for resolution.

BK can...

Assess and negotiate these claims using evidence and experience.

Should it become necessary we can provide expertise at the Lands Tribunal.

Compensation for losses

Negotiate claims

Meet the delivery team William Simms Partner

Nigel Billingsley Partner

Gas and Electrical

Road

Bill has a great deal of experience advising clients in the Water, Electricity and Gas Industries on CPO and Compensation matters. He advises developers of Major Infrastructure Projects under the PINS regime, specialising in the Power and Transmissions sector.

Nigel is Compensation and Rating Faculty Head.

He has extensive knowledge of compulsory purchase and the acquisition of land by negotiation in the utility and transportation sector.

william.simms@brutonknowles.co.uk

nigel.billingsley@brutonknowles.co.uk

Jonathan Smith

Steven Drennan

Bruce Fowler

Partner

Partner

Partner

Rail

Water

Renewables

Jonathan works on behalf of Rail Transportation clients in the negotiation of Claims and Licence agreements, and the negotiation of Wayleaves and Deeds of Grant. He has also advised on property issues related to the planning and construction of transportation projects.

Steven specialises in providing advice to major water and infrastructure clients in relation to large scale capital delivery programmes, acquisitions, CPO, and estates management.

Bruce specialises in providing compulsory purchase and compensation advice including Lands Tribunal procedures and Part 1 Claims. He provides strategic advice pre CPO, leading up to Public Inquiry and post CPO.

jonathan.smith@ brutonknowles.co.uk

steve.drennan@ brutonknowles.co.uk

bruce.fowler@ brutonknowles.co.uk

BK Added Value As a Developer, you need to ensure that your pre-planning, implementation and continued operation of infrastructure connection projects run as smoothly as possible.

Whether you are citing and routing road/rail works, pipelines, towers and facilities, or just need to determine how construction work will affect the local community, we can help. We offer you expert focused property advice for the utilities and transportation sectors to help you with every aspect of your infrastructure projects.

BK supporting Nationally Significant Infrastructure Projects

Power (Gas and Electricity)

Rail

Thames Water

Hinkley Point C Connection Mid Wales Wind Farm Connection Seabank 3 Power Station Willington CCGT Gas Pipeline Galloper Wind Farm River Humber Gas Replacement Pipeline

East West Rail – Phase 2 Stafford Norton Bridge Improvements Ipswich Chord Redditch Branch Line Enhancement Doncaster Chord

Thames Tideway Tunnel

We have extensive industry experience, resources and expertise...

Call 0845 200 6489 enquiries@brutonknowles.co.uk www.brutonknowles.co.uk

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