How is a breach of a development consent order enforced?

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Published by a ��Ӱ�� Planning expert

Published on: 23 February 2018

Development consent orders (DCOs) are a form of development consent granted by the Secretary of State which authorise the development of Nationally Significant Infrastructure Projects (NSIPs). The Planning Act 2008 (PA 2008) introduced a faster and more transparent development consent system for NSIPs. Projects falling into one of the categories of NSIPs in PA 2008, Pt 3 must proceed via this streamlined system (see Practice Note: Permission for nationally significant infrastructure projects for a list of projects which constitute NSIPs).

Enforcement of PA 2008 regime is carried out by the relevant local planning authority (LPA), which pursuant to PA 2008, s 173 is the authority for the area within which the project is situated. In areas where there are both a district and county authority the district authority will assume responsibility for the enforcement of DCOs (except projects involving hazardous waste facilities, where the county authority will handle enforcement).

Breaching DCOs

The enforcement regime for DCOs is set

Jurisdiction(s):

United Kingdom

Key definition:

Development consent order definition

What does Development consent order mean?

A consent granted by the Secretary of State under the planning act 2008 for the construction and operation of a nationally significant infrastructure project in England for transport, energy, water or waste. A dco combines a grant of planning permission with certain other separate consents, including listed building consent.

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