Obtaining development consent

Why is development consent under the Planning Act 2008 needed?

The Planning Act 2008 ('the Planning Act') provides a specialised regime for assessing and consenting nationally significant infrastructure projects. On 26 January 2018, Norfolk County Council formally requested that the Secretary of State for Transport should use the power under Section 35 of the Planning Act to direct that the Proposed Scheme should be treated as development for which development consent is required.

In the direction of 26 February 2018, the Secretary of State confirmed that he was satisfied that the scheme is nationally significant. He therefore directed that the Proposed Scheme, is to be treated as development for which development consent under the Planning Act is required.

What is the effect of needing development consent?

The effect of the Secretary of State for Transport's direction means that Norfolk County Council will require a Development Consent Order (DCO) under the Planning Act in order to construct, maintain and operate the Proposed Scheme.

An important feature of the Planning Act regime is that it is designed, so far as possible, to provide a single forum for assessing every aspect of the merits of a proposed project. The intention is that if a DCO is made, the need for other regulatory permissions and consents should be kept to a minimum. For example if the DCO is granted, planning permission will not be required. The DCO can also include a wide range of provision about matters related to the Proposed Scheme, such as compulsory acquisition of land, road closures and alterations, traffic restrictions and matters concerning the River Yare (including a Deemed Marine Licence).

What is the process for obtaining development consent and how long will this take?

The Planning Inspectorate (PINS) is responsible for administering the DCO process on behalf of the Secretary of State. This includes the appointment of Inspectors to act as the "Examining Authority" who will examine applications for DCOs and provide recommendations to the Secretary of State for Transport, who then decides whether the DCO should be made. The process of obtaining a DCO can be summarised in six key stages.

Key stages

Pre-application

During this period the scheme proposals are developed and pre-application consultation and publicity is undertaken.

Norfolk County Council made an application for a DCO in April 2019.

Acceptance

PINS, on behalf of the Secretary of State for Housing, Communities and Local Government is satisfied that our DCO application and pre-application consultation and publicity complied with the necessary requirements, and accepted our the application in May 2019.

Pre-examination

We notified the public and about the accepted DCO application. The public were able to register with PINS and provide a written summary of their views on the application, become an 'interested party' and participate in the examination.

A preliminary meeting was held on 24 September 2019 which interested parties were invited to attend before the examination period officially began.

Examination

A detailed examination period of our application and any other representations began on 24 September 2019 and closed on 24 March 2020. Within three months of the examination period concluding the Planning Inspectorate will make a recommendation to the Secretary of State for Transport, who will then decide, within a period of three months, whether to grant the DCO.

Decision

Within three months of the examination period concluding the examining authority will make a recommendation to the Secretary of State for Transport, who will then decide, within a period of three months, whether to make the DCO.

The Secretary of State for Transport approved the Development Consent Order for the Third River Crossing in September 2020.

Post decision

There is an opportunity for legal challenge of the decision.

The Planning Act requires that a challenge is made within six weeks of the Secretary of State's decision.

How can I find out more about the examination?

The Planning Inspectorate's website (opens new window) contains information about the examination process.