Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Requirements definition

What does Requirements mean? In Development Consent Order (DCO) practice, Requirements are the binding conditions that regulate how, when and on what detailed terms the authorised development may proceed. They typically oblige the undertaker to submit and secure approval of detailed design, construction, and environmental management documents (for example, CEMP, traffic, landscape, contamination and archaeology plans) before commencement, phased works or operation. The term is used in legislation: section 120 of the Planning Act 2008 permits a DCO to impose “requirements”. In most DCOs they are set out in a schedule (often Schedule 2) and function similarly to planning conditions under the Town and Country...

Applying for rights of entry for DCO surveys: Planning Act 2008 s53 procedure, scope and interface with HPA 2016 s172

Published by a LexisNexis Planning expert

Practice notes

requirements of section 53

An applicant who intends to make, or has made, a development consent order (DCO) application under the Planning Act 2008 (PA 2008) may seek the Secretary of State’s authorisation to enter land owned by third parties to:

undertake surveys and take levels, and/or
support compliance with environmental impact assessment and habitats regulations assessment requirements

Under PA 2008, s 53, the Secretary of State may authorise entry onto third party land only where it is connected with:

a DCO application—whether relating to that or any other land—that has been accepted by the Secretary of State
a proposed DCO application
a DCO that includes provision authorising the compulsory acquisition of that land, or an interest in it, or a right over it

For a proposed DCO application, authorisation can be given only if it appears to the Secretary of State that the prospective applicant is considering a distinct project of real substance that genuinely requires entry onto the land.

See: Development consent orders—overview.

Note that once section 11 of...

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Web page updated on 21/05/2026

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