Planning

Development Consent Orders

Landmark’s barristers have been working on nationally significant infrastructure projects since the inception of the Planning Act 2008. They have variously acted for promoters, local authorities, statutory bodies, landowners, NGOs, and individuals in respect of DCO applications. Our work spans from the pre-application process through to issues concerning implementation and compensation. Members have appeared at numerous DCO examination hearings for various parties.

Overview

Barristers have acted on DCOs spanning the main fields of infrastructure including:

Airports (including Heathrow and Gatwick expansion)
Roads (including A303 Stonehenge and A66 Transpennine)
Energy (including Hinkley Point C nuclear power plant, Hornsea 3 offshore windfarm, AQUIND interconnector, and Sunnica solar farm)
Water (including Thames Tideway and emerging water supply NSIPs)
Ports (including Tilbury2).

Landmark’s planning, environmental and public lawyers have also acted in many of the judicial review claims arising from NSIP decisions including:

R (Gate) v Secretary of State for Transport [2014] JPL 383
R (FCC Environment (UK) Ltd) v Secretary of State for Energy and Climate Change [2015] Env LR 22
R (Mynydd y Gwynt) v Secretary of State for Business, Energy and Industrial Strategy [2018] PTSR 1274
R (Save Stonehenge World Heritage Site Ltd) v Secretary of State for Transport [2022] PTSR 74
R (Boswell) v Secretary of State for Transport [2023] ACD 98.

Several Landmark members act for Government departments in respect of the development of National Policy Statements, including in the Airports NPS challenges.

In relation to implementation of DCOs, Landmark members advise on compensation and property issues arising in implementation, and on amendments to DCOs.