Infrastructure Planning Blog

This week’s blog entry looks at a potential local authority challenge to a DCO decision, an application proposing Secretary of State requirement sign-off, and the first legislative signs of the application of BNG to NSIPs.

Reform council starts solar DCO judicial review process

Lincolnshire County Council is seeking to challenge the recent decision to grant the Springwell solar development consent order (DCO) (near Lincoln), on the vague ground – so far – that 'the proper process was not followed'.  The leader of Conservative-led North Kesteven Council also suggested the decision was unsound.

The decision was analysed in blog 45, here. We will cover this as things develop, of course.

First energy DCO to anticipate SoS sign-off

The Sea Link electric line DCO application has just finished its examination; it had the second-highest number of relevant representations, and the highest to get this far because the one with the highest overall, Brig y Cwm, was withdrawn during the examination.  Judging by the representation numbering in the Examination Library for the last deadline going up to 369, it was an intense examination.

The applicant National Grid published a document of changes to the DCO should the government allow Secretary of State sign-off of requirements for energy applications rather than local planning authority sign-off. The Secretary of State for Transport already signs off National Highways DCO requirements so it is not unprecedented, and is one of the recommendations of the Nuclear Taskforce (aka Fingleton) Review.

BNG taking shape

As of 7 May, the government has commenced the provisions of the Environment Act 2021 relating to biodiversity net gain for DCO applications. However, the way it is drafted means that it won't apply to applications until a 'Biodiversity Gain Statement', text equivalent in status to a National Policy Statement, is designated.  This is presumably intended to take effect from the announced start date of 2 November.

Other regulations were published that take effect from 29 May and extend the biodiversity gain site register to apply to DCOs.

If you'd like to know more about what this all means and what applications will look like from 2 November, please sign up to my webinar on 10 June, details here.

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