Development consent order meaning

In this issue: Brexit highlights Post-Brexit transition guidelines Brexit SIs Constitutional and administrative law Subsidy control and State Aid Judicial review Equality and human rights Other Public law news Daily and weekly news alerts Dates for your diary Trackers New and updated content Useful information Brexit highlights EAC sets out recommendations on future of UK-EU data adequacy The House of Lords European Affairs Committee (EAC) has issued a letter to the Secretary of State for Science, Innovation and Technology, Peter Kyle, summarising the principal conclusions and recommendations from its inquiry into UK‑EU data adequacy. It found that the loss of EU data adequacy in June 2025 would bring substantial costs and added administrative burdens for businesses and organisations, create obstacles to international trade and economic co‑operation, and detrimentally affect Northern Ireland under the Belfast/Good Friday Agreement and the Windsor Framework Agreement. The EAC therefore advises that the government engage with...

In this issue When planning permission is required Planning enforcement Obtaining, amending and implementing planning permission Nationally significant infrastructure projects Daily and weekly news alerts New and updated content Related Documents When planning permission is required Court clarifies scope of section 55 of the Town and Country Planning Act 1990 and resolving ambiguity in prior approvals (Dharmeshkumar v SSLUHC) In Dharmeshkumar v SSLUHC, the High Court found that substantial refurbishment amounted to “development” for the purposes of section 55 of the TCPA 1990, as it materially altered the building’s outward appearance and therefore required express consent. The court also confirmed that any uncertainty within prior approvals can be resolved by referring to the application paperwork and drawings, ensuring compliant aspects remain authorised while only non-compliant works face enforcement. See News Analysis: Court clarifies scope of section 55 of the Town and Country Planning Act 1990 and resolving ambiguity in prior approvals (Dharmeshkumar v SSLUHC). Planning...

In this issue: Planning applications and decisions Planning judicial and statutory review Planning policy Heritage and natural environment LexTalk® Planning: a LexisNexis® community Daily and weekly news alerts New and updated content Planning applications and decisions MHCLG publishes new planning consultation direction for England The Ministry of Housing, Communities and Local Government (MHCLG) has issued the Town and Country Planning (Consultation) (England) Direction 2026, made under the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595. Under this Direction, local planning authorities (LPAs) must approach the Secretary of State before turning down planning consent for schemes of 150 or more dwellings or flats, where the application remains undetermined before 11 May 2026. See: LNB News 31/03/2026 29. MHCLG publishes planning committee reform response alongside consultation on draft regulations MHCLG has released its reply to the 2025 technical consultation on planning committee reform, together with the launch of a consultation on draft...

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...

This Flowchart sets out the application procedure for development consent orders (DCOs) for nationally significant infrastructure projects under the Planning Act 2008, from pre-application, obtaining information about interests in the land, submission of the application, acceptance by the Secretary of State, pre-examination, examination, the Secretary of State's final decision and challenge. This flowchart explains the procedure for applying for development consent orders (DCOs) for nationally significant infrastructure projects under the Planning Act 2008, covering pre-application stage, gathering details of interests in the land, submitting the application, acceptance by the Secretary of State, pre-examination, examination, the Secretary of State’s final decision, and challenge...

Where a long residential lease is extended under section 56 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) and the freehold is subject to a Form N restriction in respect of a charge to the freeholder’s lenders, will the HM Land Registry require lender consent to be submitted in order for the lease extension to be registered notwithstanding that the lease extension is pursuant to statute? A restriction entered on the register indicates that the proprietor’s power to deal with the land is constrained in some manner. Its practical effect is either to bar registration of a disposition, or to oblige the applicant to satisfy specified requirements before registration can proceed, for example by producing evidence of consent from the person entitled to the benefit of the restriction. A restriction may apply to every disposition, or be confined to a defined class of disposition. It can prevent any entry from being made permanently, for a stated period, or until a stated...

The Electronic Communications Code The Electronic Communications Code (the ‘Code’), found in sections 106–119 and Schedule 3A Pt 1 to the Communications Act 2003, enables Ofcom-authorised operators to obtain rights over land for a range of purposes (see Code para 3). Code rights can be conferred by agreement between a land occupier and an operator, and, in practice, telecoms providers ordinarily seek to secure consensual terms at the outset. If agreement cannot be reached, the Upper Tribunal (UT) has authority to confer Code rights without the occupier’s consent. The process is initiated by the operator serving a notice under paragraph 20 of the Code...