DCO meaning

In this issue: Public rights of access Planning applications and decisions Nationally significant infrastructure projects Housing Daily and weekly news alerts Latest Q&A Related Documents Public rights of access Supreme Court holds that Dartmoor Commons Act right of access extends to wild camping (Darwall v Dartmoor National Park Authority) In Darwall v Dartmoor National Park Authority [2025] UKSC 20, the Supreme Court unanimously rejected Mr and Mrs Darwall’s appeal, confirming that section 10(1) of the Dartmoor Commons Act 1985 (DCA 1985) confers a public right of access that includes wild camping as open‑air recreation. Hannah Brown, senior solicitor, and Matthew McFeeley, Partner, at Richard Buxton Solicitors, with Rosie Brain, solicitor at Clarke Willmott, assess the ruling’s implications. McFeeley highlights that, aside from the core question of statutory interpretation, the decision is notable for clarifying when, under Pepper v Hart, extrinsic materials may illuminate Parliament’s intention, and for evaluating the wider legal context created by earlier statutes...

In this issue Social care Social housing Public procurement Planning Judicial review Education Healthcare Governance Daily and weekly news alerts New and updated content Social care Direct payments representative not a standard authorisation of property and affairs deputyship—Lumb (SSB) v NHS Humber and North Yorkshire ICB Managing direct payments from a personal health budget as a ‘representative’ under the National Health Service (Direct Payments) Regulations 2013 does not sit within the usual authorisations of a property and affairs deputyship. A health body may appoint a property and affairs deputy as ‘representative’ under regulation 5(4), yet that role extends beyond the remit of a standard deputyship appointment. Likewise, the functions of a ‘nominee’ under the 2013 Regulations are not encompassed by standard deputyship powers. The Court of Protection can, however, make a targeted appointment granting a deputy authority specifically to oversee direct payments in line with the 2013 Regulations. A case manager is an...

R (on the application of Dr Andrew Boswell) v Secretary of State for Energy Security and Net Zero [2024] EWHC 2128 (Admin) What are the practical implications of this case? The court observed that the Claimant is deliberately overlooking national policy on the pathway to net zero and the necessity of CCS/CCUS. His real dispute is with the SoS’s stance—shared by the Climate Change Committee—in backing this project. He is attempting to undermine the policy basis for the Scheme by alleging a contradiction in the SoS’s reasoning where none exists. The foundation of the SoS’s position is plainly set out in the policy materials, together with the ExAR and DL in this matter. This section of the judgement underscores the long‑standing position that challenges of this kind must be brought strictly on points of law; any indirect attempt to attack the policy itself will fail. What was the background? Dr Boswell sought judicial review of the decision of the Secretary of State for Energy Security and...

Context Numerous statutory regimes confer compulsory purchase powers for defined aims on designated bodies (see Practice Note: Sources and limits of compulsory purchase powers). Ordinarily, authority to compel acquisition is given through a compulsory purchase order (CPO). The specified body, known as the acquiring authority, makes the order, which is then confirmed by the confirming authority—either the minister empowered to authorise compulsory acquisition, an inspector appointed to act on the minister’s behalf, or in certain circumstances the acquiring authority itself. This Practice Note concentrates on the steps for promoting a CPO governed by the Acquisition of Land Act 1981 (ALA 1981). ALA 1981 covers the majority of compulsory acquisitions undertaken by public bodies. Distinct procedures can, however, apply where compulsory acquisition is embedded within development consent orders under the Planning Act 2008 (PA 2008). That route is outside the scope of this Practice Note; for guidance see: Practice Notes—Compulsory acquisition for NSIPs—introduction and principles; Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation; and Compulsory acquisition for NSIPs—examination, making...

The Planning Act 2008 (PA 2008) establishes the consent framework for nationally significant infrastructure projects (NSIPs) across energy, transport, water, waste water and waste. Decisions on development consent order (DCO) applications may be taken by reference to any relevant National Policy Statements (NPSs), which articulate national policy for NSIPs. See Practice Note: National Policy Statements. While the Secretary of State (SoS) is legally accountable for the decision, in practice the government entrusts acceptance and examination of applications to the Planning Inspectorate (PINS). See Practice Note: Examination of nationally significant infrastructure projects—general. The government has issued a ‘Collection: National Infrastructure Planning Guidance Portal’, containing guidance on NSIP pre-examination, the examination itself, the fast-track route for NSIPs, and awards of costs relating to the examination of DCO applications. Collectively, these provisions define the route by which nationally significant schemes are assessed and authorised, with guidance set out in practice notes and the collection. Fast-track process Under PA 2008, s 98(1), the Examining Authority (EA) must conclude examination of the application...

Defendants' costs orders The framework for obtaining a defendant’s costs order (DCO) is set by the Prosecution of Offences Act 1985 (POA 1985). Any sums due under a DCO are paid from central funds. Practitioners should consult the Costs Practice Direction (Costs in Criminal Proceedings) 2015, which sets out guidance on the principles and processes for granting costs to acquitted defendants in criminal cases. See also Practice Note: Criminal Practice Directions. The scope of the court’s authority to issue a DCO is identified below in detail...