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Housing scheme element slotted into DCO regime

by on October 15, 2015

The Government this week clarified how it plans to implement its promise to allow an element of housing in schemes requiring Development Consent Orders (DCO) under the planning regime for Nationally Significant Infrastructure Projects (NSIPs).

The Planning and Housing bill, published this week, contains a clause which specifies that homes will be allowed to be included in DCOs under the proposals in the bill long as they are “wholly in England” and “on the same site as, next to or close to” the relevant NSIP or “otherwise associated with” the NSIP.

The explanatory note accompanying the bill said further guidance would set out the amount of housing that could be granted consent as “related housing development” under this new arrangement.

The expectation is that a limit of 500 homes is likely to be imposed under the guidance, that the limit will not depend on the size of the proposed development and that related housing will be able to be included in an NSIP even if it is not in the relevant council’s local plan.

Infrastructure planning specialist Robbie Owens from law firm Pinsent and Owens said: “This is a sensible and welcome addition to the NSIPs regime.

“However, we expect some scrutiny to be given to the expected 500 dwellings limit given the difficulties that some large housing developments experience in terms of delivery which the NSIPs regime can effectively overcome, particularly in terms of land assembly, multiple consents and numerous complex project components.”

View the Housing and Planning bill (pdf)

Roger Milne

One Comment
  1. Scott Johnson permalink

    I am afraid Robbie Owen (sic) of Pinsent Masons (sic), or any advocate of this amendment to the DCO regime, would have to provide me with much more comfort that it will not be subject to abuse in order to secure inappropriate housing development in a way which is intended to subvert or bypass the local authority’s Local Plan.

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