Making changes to Development Consent Orders: government response to consultation

The government has responded to section 6 of the technical consultation on planning - on Development Consent Orders.

In July 2014, the Government launched a technical consultation on planning which set out a number of proposals for improving the planning system. Section 6 of this document put forward changes to improve the nationally significant infrastructure planning regime and set out a proposal for a more proportionate approach for making changes to Development Consent Orders.

The consultation document set out the current process for making changes to Development Consent Orders post consent. It explained that the process for making a change to a Development Consent was set out in the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 - and that different procedures needed to be followed depending on whether the change was deemed to be material or non-material. The consultation document further explained that neither the 2011 Regulations nor the Planning Act 2008 which set up the regime, provide a definition of material or non-material changes.

The consultation document stated that Government intended to include guidance on whether a proposed change should be considered as material or non-material. It proposed three characteristics which could be used to indicate that a change was more likely to be material, namely:

  • an update would be required to the Environmental Statement (from that at the time the original Development Consent Order was made) to take account of likely significant effects on the environment;
  • there would be a need for a Habitats Regulations Assessment, or the need for a new or additional licence in respect of European Protected Species; or
  • it would involved compulsory acquisition of any land that was not authorised through the existing Development Consent Order.

Respondents were asked to indicate whether they agreed with these characteristics and they were also asked to suggest any other characteristics which they thought should be considered.

There were a total of 189 responses to the consultation document with responses from a wide range of organisations and individuals including developers, statutory consultees, local authorities and individuals.

Date: 03/11/2014 Date of publication

Author: DCLG

DCP link: This item updates DCP section 7.1

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