RTPI Cymru – Wales Planning Conference
Seminar 1: Planning Permission or DCO route - Delivered by Savills
This summary of the key points from the breakout seminar held at the Wales Planning Conference 2015 has been compiled by students at Cardiff University.
Overview
The seminar explored the implications of promoting major developments as nationally significant infrastructure projects, drawing on Savills’ experience of involvement as advisors on 6 NSIP schemes.
Context and background
The way that large projects of national significance were managed used to be highly complex. With the national demand increasing for transport, water, waste management and power, the need for a more integrated system grew ever more pressing. The Planning Act 2008 aimed to provide a ‘fast track’ way to manage consents for NSIPs, via Development Consent Orders (DCOs).
To date there have been 64 DCO applications in England and Wales and 35 decisions. In future the level is predicted to be around 20 a year. England has set criteria for a project to qualify for a DCO and these specifically exclude retail and residential led schemes.
Advantages of the DCO system
· Planning led
· Front loaded process with mandatory pre-application consultation
· Robust EIA
· Strict timescales (Pre-application to decision in 16 months of less).
Disadvantages of the DCO system
· Being front loaded requires a lot of developer time up front which can be risky
· The process can be highly technical and legalistic
· The ability to make changes later in the process are very limited.
· DCOs are bound by strict timetables and have a front loaded process with mandatory pre-application consultation.
The picture in Wales
· The have been 21 DCO projects in Wales to date – covering wind farms, gas, nuclear and hydro power schemes and power lines.
· In Wales (unlike in England) associated development such as support infrastructure cannot be consented as part of the DCO package but has to be determined by the local planning authority. This has led to some DCO projects in Wales trying to treat as many elements as possible as ‘integral’ parts of a project, rather than ‘associated development’.
· It is hoped that this situation will be remedied and simplified through the Planning (Wales) Bill 2015 and the Developments of National Significance (DNS). Consultations on what will qualify as DNS were launched on the day of the conference.
Short discussion and Q and A
· Concerns were raised by a local authority representative (from an area involved in large tidal lagoon projects) about the impact of DCOs on the time and resources of LPAs, particularly at a time of financial constraints in the public sector. It was noted that the time taken up by these large projects had impacted on other planning functions.
· A representative from the private sector noted that there are currently real issues in relation to ‘associated development’ not being able to form part of a DCO. Examples were provided about how complex and ‘messy’ the divided system can be in Wales and stressed the importance of this being rectified under the new Act.
Summary written by Helen Davies (Cardiff University)
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