LTC DCO process 2022
It’s been a couple of years since National Highways originally attempted to submit the Lower Thames Crossing(LTC) Development Consent Order (DCO) application, so here’s a reminder of the LTC DCO process 2022.
What is a DCO?
DCO stands for Development Consent Order.
Unlike regular planning applications that are submitted to and considered by Local Authorities (councils), huge projects like the proposed LTC are considered NSIPs (Nationally Significant Infrastructure Projects), and have to go through the DCO process.
It is worth noting that National Highways cannot legally begin construction, unless they are granted a DCO.
You can find out more info and keep an eye as things progress on the PINS LTC page.
Please note there are 3 tabs near the top of the page ‘Overview‘, ‘S51 Advice‘, ‘Documents‘. There are already notes and documents relating to the LTC on each tab if you wish to take a look.
The DCO process
Please note timelines can be subject to change depending on what happens, this is just an approximate time line to try and help give everyone an idea of what to expect.
National Highways (NH) submitted their Development Consent Order (DCO) application for the proposed Lower Thames Crossing on Fri 23rd October 2020.
The Planning Inspectorate (PINS) were due to announce their decision on Fri 20th Nov 2020, as to whether they would be accepting the application or not.
At the eleventh hour NH announced they had withdrawn their LTC DCO application. We later discovered that PINS were due to refuse the application due to a lack of adequate information, and the Adequacy of Consultations submitted by Local Authorities and TCAG.
NH said they would be working on the application and aimed to resubmit it early in the new year. NH’s Matt Palmer stated the aim was to submit within 90-120 days of the application being withdrawn, a self set target that they failed to meet.
There have been two subsequent LTC consultations, the Community Impacts Consultation in 2021, and the Local Refinements Consultation in 2022.
This means that there has now been around 2 years since the first attempt to submit the LTC DCO application.
More info on the first DCO attempt can be found here
We will of course do our best to keep everyone up to date as things progress, but we would also suggest that people sign up for the Planning Inspectorate’s email updates specifically for the LTC.
This should also ensure that you are alerted as soon as the registration for Interested Parties begins, so you can ensure that you can continue to be involved and have your say! (More on that below)
To sign up for the PINS updates please click through and enter your email address in the 'Email updates' box and click 'Sign up'.
National Highways announced that the LTC DCO application was resubmitted on Mon 31st October 2022.
The application should include all the supporting DCO documentation. Including all that info that we have been asking for for years and NH have refused to share, stating it will be available in the DCO.
PINS will now review the application to decide whether the documentation is adequate for the Examination. They will also consider Local Authority Adequacy of Consultation representations.
TCAG update on the resubmission of the LTC DCO.
The Planning Inspectorate (PINS) have advised that the LTC DCO documents have been published HERE
Whilst they are not accepting comments at this time, it does give us a chance to review the documents.
To be clear no decision has yet been made or announced regarding whether the application will be accepted for examination.
As soon as the application has been submitted, the host Local Authorities (councils impacted by the project) have 14 days to submit their ‘Adequacy of Consultation’ representations.
PINS then take 14 days to review the ‘Adequacy of Consultation’ representations, and decide whether they consider the consultation for the LTC has been adequate.
Whilst it is only the Local Authorities that PINS will officially invite to submit representation on the Adequacy of Consultation, it is possible to send representations to PINS ourselves, as TCAG and others did in 2020.
TCAG 2022 Inadequacies of LTC Consultation representation
Read all the submitted Adequacy of Consultation representations
The Planning Inspectorate (PINS) announced on 28th Nov 2022 that the LTC DCO application has been accepted for examination.
It is important to note that this decision is purely about the application being accepted for Examination, and doesn't mean the DCO permission has been or will necessarily be granted.
The LTC DCO application documents are available online here.
TCAG update on the LTC DCO application being accepted for Examination.
In December 2020 PINS announced that the first four members of the LTC DCO Examining Authority had been appointed.
In February 2023 a further announcement was made regarding the appointment of a fifth Inspector.
TCAG update on appointment of the Examining Authority Inspectors
The Planning Inspectorate (PINS) announced that the registration period for Interested Parties opened on Monday 9th January 2023.
Anyone wishing to participate in the LTC DCO process had to register as an Interested Party. The deadline to register was 24th Feb 2023.
Those who successfully registered as an Interested Party were issued with a Unique Reference number, which they will need to quote when registering for meetings and hearings, and/or submitting written submissions during the Examination.
All Interested Parties will also receive official emails from PINS throughout the DCO process.
Whilst there is a deadline to register the PINS team can sometimes, at their discretion, make allowances after the deadline if there are special circumstances.
If you need to contact the LTC PINS team regarding any questions on registration or your unique reference number please email or call 0303 444 5000.
Related
TCAG Registering as an Interested Party update
The Planning Inspectorate issued a Procedural Decision letter addressed to Thurrock Council, this relates to and asks questions about Thurrock Council’s participation in the LTC DCO.
TCAG update on Thurrock Council's position Procedural Decision letter.
Relevant Representations are the comments people submitted at the time of registration as Interested Parties.
PINS published the Relevant Representations on 13th March 2023.
There are 1,147 representations.
NB. There was a technical glitch when the Relevant Representations were first published, but this was corrected by the 21st March 2023.
PINS use the Relevant Representations to help them get an insight into the main concerns and issues. This also assists them in planning the Examination timetable.
Since the Examination period is strictly 6 months, and can not be extended, our representations help PINS understand what is likely to need to be covered in Examination, and plan accordingly as best they can. Obviously with such a huge and complex project as the proposed LTC, this is not an easy task.
PINS issued some Procedural Decisions on 21st March 2023.
These included:
TCAG update on 21st March 2023 Procedural Decisions
- Requesting comments from National Highways in relation to the Written Ministeral Statement of 09 March 2023
- Requesting comments from National Highways in relation to a request by Thurrock Council to delay the examination
- In relation to a notification from National Highways to submit a request for changes to the application.
PINS/the Examining Authority (ExA) issued a Procedural Decision on 6th April 2023.
This included details of responses from the 21st March requests for further info from National Highways and Thurrock Council. It also highlighted there would be a Programming Meeting, with details to follow. A submission from Tonbridge and Malling Borough Council was also accepted and published.
Details of Unaccompanied Site Inspections were published
USI 02: 13-15 February 2023
USI 03: 21 and 22 March 2023
Anyone who wishes to:
- request to be heard at the Programming Meeting on 16th May 2023
- send a written submission in advance of the Programming Meeting
The Programming Meeting is predominantly aimed at Local Authorities. This meeting is about discussing and planning for the Examination. It is not an opportunity to comment on the LTC project.
More info
Details
Date: Tuesday 16 May 2023
Virtual registration on the day from: 9:15am | Hearing starts: 10am
Where: This hearing will be held virtually via Microsoft Teams. Full instructions on how to join online or by telephone will be provided in advance to those who have pre-registered by Procedural Deadline A (23:45 on Friday 5 May 2023).
Watch
If you simply wish to observe the meeting, then you do not need to register as you will be able to watch a livestream of the event. All LTC Examination hearings are Livestreamed here, with recordings added after the event.
Recordings
Recording of Programming Meeting - Part 1 - 16 May 2023 [EV-001]
Recording of Programming Meeting - Part 2 - 16 May 2023 [EV-002]
Recording of Programming Meeting - Part 3 - 16 May 2023 [EV-003]
Transcripts
These documents are intended to assist Interested Parties, they are not verbatim. The content is produced using artificial intelligence voice to text and is unedited. The video recording remains as the primary record of the event.
Programming Meeting - Part 1 - Transcript - 16 May 2023 [EV-004]
Programming Meeting - Part 2 - Transcript - 16 May 2023 [EV-005]
Programming Meeting - Part 3 - Transcript - 16 May 2023 [EV-006]
Action Points
Action points from Programming Meeting 16 May 2023 [EV-007]
The Rule 6 Letter has been issued. This is an official document that details the Programming Meeting, Preliminary Meetings, and Deadlines. It also includes a draft Examination Timetable, and lots of details about the DCO process and how to take part.
All Interested Parties are invited to attend the Preliminary Meetings, on the 6th and 20th June 2023. These are run and chaired by the Examining Authority. The Preliminary Meetings are to arrange how the Examination will take place, and will not cover the merits of the project.
The Preliminary Meetings will be the last part of the Pre-Examination stage. The Examination straight after the Preliminary Hearing. The first hearing of the Examination will be the Open Floor Hearing 1 from 6pm on 20th June 2023.
If you wish to make any comments on the Programming Meeting that took part on 16 May 2023, or participate in the Preliminary Meeting (Part 1) that takes place on 6th June 2023 you need to register and/or make your submission by Procedural Deadline B, 23:45 on 26th May 2023.
Please note that Preliminary Meetings are purely in regard to the planning of the DCO Examination and comments on the merits of the LTC project will not be heard, that will come during the Examination stage.
National Highways also have until this deadline to submit proposed Accompanied Site Inspection Itineraries to the Examining Authority.
Find out more...
Before the Examination begins there will some planning meetings. These are purely to help go through and plan the Examination timetable to ensure everything runs are smoothly as it can, since the Examination period is strictly 6 months. With a project a huge as the proposed LTC this means there will be a lot of info to examine, so planning will be very important.
The merits of the actual project will not be discussed at the Preliminary Meetings. There will be opportunity to voice opinion and evidence about the LTC project during the Examination stage.
Preliminary Meeting 1 will take place on the 6th June 2023.
Find out more...
To take part in this meeting you need to register by Procedural Deadline B on 26th May 2023.
Watch
If you simply wish to observe the meeting, then you do not need to register as you will be able to watch a livestream of the event. All LTC Examination hearings are Livestreamed here, with recordings added after the event.
Recordings
Recording of Preliminary Meeting - Part 1 - Session 1 - 6 June 2023 [EV-008]
Recording of Preliminary Meeting - Part 1 - Session 2 - 6 June 2023 [EV-009]
Recording of Preliminary Meeting - Part 1 - Session 3 - 6 June 2023 [EV-010]
Transcripts
This document is intended to assist Interested Parties, it is not verbatim. The content is produced using artificial intelligence voice to text and is unedited. The video recording remains as the primary record of the event.
Preliminary Meeting - Part 1 - Transcript - 6 June 2023 [EV-011]
Preliminary Meeting 1 is adjourned, and will either be continued at Preliminary Meeting 2 (20th June), or the ExA will close the meeting in writing on 20th June 2023.
TCAG update on Preliminary Meetings
If you wish to make any comments on Preliminary Meeting 1 or the proposed Accompanied Site Inspection Itineraries, or participate in the Preliminary Meeting (Part 2) and/or Examination Hearings (between 20 June and 6th July 2023) you need to register and/or make your submission by Procedural Deadline C, 23:45 on 13th June 2023.
Please note that Preliminary Meetings are purely in regard to the planning of the DCO Examination and comments on the merits of the LTC project will not be heard, that will come during the Examination stage.
Find out more...
Before the Examination begins there will some planning meetings. These are purely to help go through and plan the Examination timetable to ensure everything runs are smoothly as it can, since the Examination period is strictly 6 months. With a project a huge as the proposed LTC this means there will be a lot of info to examine, so planning will be very important. The merits of the actual project will not be discussed at these meetings.
Whilst there was provision for a second planning meeting, Preliminary Meeting 2 on the 20th June 2023 if required; the Examining Authority (ExA) announced on the 15th June 2023 that the second meeting will not be needed. Instead they will officially close the pre-examination stage of the LTC DCO process in writing, which will be published to the PINS LTC webpage on the 20th. The strict 6 month examination period will begin immediately after the pre-examination stage closes. The first hearing of the examination will be Open Floor Hearing 1 which will start at 6pm on 20th June 2023.
Preliminary Meeting Note [EV-012] has been published.
TCAG Update on Preliminary Meetings
The Planning Inspectorate have announced that the Lower Thames Crossing (LTC) Development Consent Order(DCO) Examination has officially started on Tuesday 20th June 2023.
As is standard practice with DCOs the LTC DCO Examination will last a strict period of 6 months, ending on the 20th December 2023.
Open Floor Hearing 1 will be the first opportunity for registered Interested Parties to communicate opinions about the proposed LTC project to the Examining Authority (ExA).
This hearing will start at 6pm on Tues 20th June 2023, and is an online event.
You will be able to watch this hearing live via the LTC DCO Livestream
Agenda
Agenda for Open Floor Hearing 1 (OFH1) [EV-016]
Recording
Recording of Open Floor Hearing 1 (OFH1) - 20 June 2023 [EV-017]
Transcript
This document is intended to assist Interested Parties, it is not verbatim. The content is produced using artificial intelligence voice to text and is unedited. The video recording remains as the primary record of the event.
Transcript of Recording of Open Floor Hearing 1 (OFH1) - 20 June 2023 [EV-018]
Action Points
Action Points from Open Floor Hearing 1 (OFH1) - 20 June 2023 [EV-018a]
Find out more...
The LTC DCO Issue Specific Hearing 1(ISH1) will be an opportunity for registered Interested Parties to comment specifically on the ‘Project Definition’ to the Examining Authority(ExA) as the Applicant (National Highways) present the Project Definition to the ExA, who will also be asking questions.
The draft agenda was published on the 12th June 2023 and is available to view here.
This hearing will start at 10am on Weds 21st June 2023, and is an online event.
You will be able to watch this hearing live via the LTC DCO Livestream
Recordings
Recording of Issue Specific Hearing 1 (ISH 1) - Session 1 - 21 June 2023 [EV-019]
Recording of Issue Specific Hearing 1 (ISH 1) - Session 2 - 21 June 2023 [EV-020]
Recording of Issue Specific Hearing 1 (ISH 1) - Session 3 - 21 June 2023 [EV-021]
Recording of Issue Specific Hearing 1 (ISH 1) - Session 4 - 21 June 2023 [EV-022]
Recording of Issue Specific Hearing 1 (ISH1) - Session 5 - continued - 23 June 2023 [EV-024]
Transcripts
These documents are intended to assist Interested Parties, they are not verbatim. The content is produced using artificial intelligence voice to text and is unedited. The video recording remains as the primary record of the event.
Transcript of Issue Specific Hearing 1 (ISH 1) - 21 June 2023 [EV-023]
Transcript of Issue Specific Hearing 1 (ISH 1) continued - 23 June 2023 [EV-025]
Action Points
Action Points from Issue Specific Hearing 1 (ISH1) - 21 June 2023 [EV-023a]
Find out more...
The LTC DCO Issue Specific Hearing 2(ISH2) will be an opportunity for registered Interested Parties to comment specifically on the ‘draft DCO’ to the Examining Authority(ExA) as the Applicant (National Highways) present the draft DCO to the ExA, who will also be asking questions.
The draft agenda was published on the 12th June 2023 and is available to view here.
This hearing will start at 10am on Thurs 22nd June 2023, and is an online event.
You will be able to watch this hearing live via the LTC DCO Livestream
Recordings
Recording of Issue Specific Hearing 2 (ISH 2) - Session 1 - 22 June 2023 [EV-026]
Recording of Issue Specific Hearing 2 (ISH 2) - Session 2 - 22 June 2023 [EV-027]
Recording of Issue Specific Hearing 2 (ISH 2) - Session 3 - 22 June 2023 [EV-028]
Recording of Issue Specific Hearing 2 (ISH 2) - Session 4 - 22 June 2023 [EV-029]
Transcript
This document is intended to assist Interested Parties, it is not verbatim. The content is produced using artificial intelligence voice to text and is unedited. The video recording remains as the primary record of the event.
Transcript of Issue Specific Hearing 2 (ISH 2) - 22 June 2023 [EV-030]
Action Points
Action Points from Issue Specific Hearing 2 (ISH2) - 22 June 2023 [EV-030a]
Find out more...
If you wish to request to speak at Open Floor Hearing 2 (OFH2) you need to register via MS Forms by 23:59 on Thurs 22nd June 2023
Issue Specific Hearing 1 which was held on Weds 21st June 2023 was adjourned with agenda items still left to be heard held over to the Continuation reserved date of Fri 23rd June 2023.
Issue Specific Hearing 1 resumed at 10am on Fri 23rd June, and all remaining agenda items were heard.
Recordings
Recording of Issue Specific Hearing 1 (ISH 1) - Session 1 - 21 June 2023 [EV-019]
Recording of Issue Specific Hearing 1 (ISH 1) - Session 2 - 21 June 2023 [EV-020]
Recording of Issue Specific Hearing 1 (ISH 1) - Session 3 - 21 June 2023 [EV-021]
Recording of Issue Specific Hearing 1 (ISH 1) - Session 4 - 21 June 2023 [EV-022]
Recording of Issue Specific Hearing 1 (ISH1) - Session 5 - continued - 23 June 2023 [EV-024]
Transcripts
These documents are intended to assist Interested Parties, they are not verbatim. The content is produced using artificial intelligence voice to text and is unedited. The video recording remains as the primary record of the event.
Transcript of Issue Specific Hearing 1 (ISH 1) - 21 June 2023 [EV-023]
Transcript of Issue Specific Hearing 1 (ISH 1) continued - 23 June 2023 [EV-025]
Action Points
Action Points from Issue Specific Hearing 1 (ISH1) - 21 June 2023 [EV-023a]
Open Floor Hearing 2(OFH2) will be another opportunity for registered Interested Parties to communicate opinions about the proposed LTC project to the Examining Authority (ExA).
This hearing will start at 10am on Weds 28th June 2023, and is both an in person and an online event.
Please request to be heard via MS Forms by 23:59 Thursday 22 June 2023.
The in person event will take place at Orsett Hall Hotel in Essex.
You will be able to watch this hearing live via the LTC DCO Livestream
Agenda
Agenda for Open Floor Hearing 2 (OFH2) [EV-031]
Recordings
Recording of Open Floor Hearing 2 (OFH2) - Session 1 - 28 June 2023 [EV-032]
Recording of Open Floor Hearing 2 (OFH2) - Session 2 - 28 June 2023 [EV-033]
Transcript
Transcript of Open Floor Hearing 2 (OFH2) - 28 June 2023 [EV-034]
Additional documents
National Highways - Junction Layout Plans [EV-035]
Annotated by the Examining Authority as Guidance to support the post hearing actions for OFH2
Action Points
Action Points from Open Floor Hearing 2 (OFH2) - 28 June 2023 [EV-036]
Find out more...
Open Floor Hearing 2(OFH2) will be another opportunity for registered Interested Parties to communicate opinions about the proposed LTC project to the Examining Authority (ExA).
Provision was made to have a reserved date for continuation of the hearing if required. However, the hearing was closed on the 28th June, and PINS announced the reserved date would not be utilised.
If you wish to request to speak at Open Floor Hearing 3 (OFH3) you need to register via MS Forms by 23:59 on Thurs 29th June 2023
Open Floor Hearing 3(OFH3) will be another opportunity for registered Interested Parties to communicate opinions about the proposed LTC project to the Examining Authority (ExA).
This hearing will start at 10am on Weds 5th July 2023, and is both an in person and an online event.
Please request to be heard via MS Forms by 23:59 Thursday 29 June 2023.
The in person event will take place at Dartford Bridge Hilton Hotel in Kent.
You will be able to watch this hearing live via the LTC DCO Livestream
The recording of the hearing will be uploaded to the PINS LTC DCO webpages soon after the hearing. We will endeavour to include a direct link to the recording here as soon as we are able.
Agenda
Open Floor Hearing 3 Agenda (OFH3) – 5th July 2023
Find out more...
Open Floor Hearing 3(OFH3) will be another opportunity for registered Interested Parties to communicate opinions about the proposed LTC project to the Examining Authority (ExA).
The 6th July has been reserved for a continuation of the hearing taking place on the 5th, if required. However, it is expected that the hearing will conclude on the 5th and that this reserved date will not be needed.
Procedural Deadline D (PDD) is the deadline if you want to participate in the LTC DCO Examination in any of the following ways:
- If you wish to speak at or attend any of the remaining Open Floor Hearings etc (7th July onwards) you need to request to be heard by Procedural Deadline D.
- If you are an Affected Person (someone who’s land/property is officially considered under threat from the project) and wish to be heard at a Compulsory Acquisition Hearing (CAH) you need to request to be heard by Procedural Deadline D.
- If you wish to attend the Accompanied Site Inspection you need to request to attend by Procedural Deadline D.
- If you are a Statutory Party and wish to be considered as an IP by the Examining Authority (ExA) you need to register by Procedural Deadline D.
Deadline 1 (D1) is a key date in the DCO Examination process as this is when various important submissions need to be in by.
-
- Post event submissions, including written submission of oral comments made at the hearings held between 20 June and 6 July
- Comments on Additional Submissions submitted since the Application was accepted
- Comments on Relevant Representations
- Written Representations (WR) (WR are written equivalents to speaking at the Open Floor Hearings)
- Summaries of any Written Representations over 1500 words
- Any further information requested by the Examining Authority (ExA) under Rule 17 of the Examination Procedure Rules (EPR)
- Local Authorities - Local Impact Reports (LIR)
- Local Authorities/Applicant - New Statements of Common Ground (SoCG) (and of updated SoCGs if required)
- Local Authorities/Applicant - New and updated Principal Areas of Disagreement Summaries (PADS) (if updated)
- National Highways - amended proposed Accompanied Site Inspections itinerary
- National Highways - submission of documents
- National Highways - amended draft DCO
- National Highways - proposed Addendum to the Environmental Statement (ES)
The Planning Inspectorate (PINS) have published all of the 416 Deadline 1 submissions.
They are available to view on the PINS LTC webpages here
The Examination Library will be updated shortly to include the Deadline 1 submissions.
Deadline 2 (D2) is the deadline for the following submissions:
- Comments on Written Representations
- Comments on Local Impact Reports
- Comments by Interested Parties (IPs) on NH’s amended proposed ASI itinerary.
- Comments on NH’s amended draft DCO
- Comments on NH’s submissions (see Annex F) at Deadline 1 (D1)
- Comments on any information requested by the Examining Authority (ExA) and received by D1
- Any further information requested by the ExA under Rule 17 of the EPR
- National Highways submission of documents
- Local Authorities/Applicant – Updated SoCGs (if updated)
- Local Authorities/Applicant – Updated PADSs (if updated)
The Planning Inspectorate (PINS) have now published Deadline 2 submissions.
They are available to view on the PINS LTC webpages here
Publication of the Examining Authority's (ExAs) First Written Questions (ExQ1).
If the ExA have any questions for anyone, including those as a direct result of reading our Written Representations they may publish them at this point.
Questions will be announced and published on the PINS LTC project webpage.
It is important to bear in mind that you will not be directly notified that you are being asked a question, only that the questions have been published.
It is therefore essential to check when the written questions are published to see if you have been asked a question, and to then reply to any questions prior to the relevant deadline.
The relevant deadline for responses to any questions published on 15th August is by Deadline 4.
More info...
Deadline 3 (D3) is the deadline for the following submissions:
- Responses to comments on Written Representations
- Comments on NH's submissions (see Annex F) at D2
- Comments on any information requested by the ExA and received by D2
- Any further information requested by the ExA under Rule 17 of the EPR
- National Highways submission of documents requested
- Local Authorities/National Highways - Updated SoCGs (if updated)
- Local Authorities/National Highways - Updated PADSs (if updated)
The Planning Inspectorate (PINS) have now published Deadline 3 submissions.
They are available to view on the PINS LTC webpages here
Issue Specific Hearing 3 (ISH3) – Project Design
View Agenda
Find out more...
Issue Specific Hearing 4 (ISH4) – Traffic & Transportation
View Agenda
More info...
Another opportunity to make an oral representation directly to the Examiners.
View Agenda
More info...
Issue Specific Hearing 5 (ISH5) – Tunnelling
View Agenda
More info...
Issue Specific Hearing 6 (ISH6) – Mitigation, Compensation & Land Requirements
View Agenda
More info...
Issue Specific Hearing 7 (ISH7) – draft Development Consent
Order
View Agenda
More info...
Accompanied Site Inspection 1 will take place from 9am to approx. 4pm on the 12th September 2023, and will cover the application site and surroundings in Kent (Dartford and Gravesham). This ASI is referred to as ‘The Kent Inspection’ on the registration form.
Those who previously registered their interest in attending an ASI need to inform the LTC Case team that they wish to attend Accompanied Site Inspection 1 using this form by Deadline 3 (24th August).
More info...
Accompanied Site Inspection 2 will take place from 9am to approx. 4pm on the 13th September 2023, and will cover the application site and surroundings in Thurrock. This ASI is referred to as ‘The Essex South Inspection’ on the registration form.
Those who previously registered their interest in attending an ASI need to inform the LTC Case team that they wish to attend Accompanied Site Inspection 2 using this form by Deadline 3 (24th August).
More info...
Accompanied Site Inspection 3 will take place from 9am to approx. 4pm on the 14th September 2023, and will cover the application site and surroundings in Thurrock, London Borough of Havering, and Brentwood, Essex (broadly north of the A13). This ASI is referred to as ‘The Essex North Inspection’ on the registration form.
Those who previously registered their interest in attending an ASI need to inform the LTC Case team that they wish to attend Accompanied Site Inspection 3 using this form by Deadline 3 (24th August).
More info...
Compulsory Acquisition Hearing 1 is for those officially considered Affected Parties. This is an official status for those whose land and/or property is directly impacted by the proposed LTC.
View Agenda
Find out more...
Compulsory Acquisition Hearing 2 is for those officially considered Affected Parties. This is an official status for those whose land and/or property is directly impacted by the proposed LTC.
View Agenda
Find out more...
Deadline 4 (D4) is the deadline for the following submissions:
- Post-event submissions, including written submission of oral comments made at the hearings held w/c 4 and 11 September 2023 (if held)
- Responses to ExQ1 (issued 15th Aug)
- Comments on Deadline 3(D3) submissions (published 31 Aug)
- Comments on any information requested by the ExA and received by D3
- Any further information requested by the ExA under Rule 17 of the EPR
- NH’s submission of documents requested (see Annex F)
- Local Authorities/National Highways – Updated SoCGs (if updated)
- Local Authorities/National Highways – Updated PADSs (if updated)
Please bear with us, we are currently working on updating this process timeline with new info from the Rule 6 letter
Before the Examination begins there will some planning meetings. These are purely to help go through and plan the Examination timetable to ensure everything runs are smoothly as it can, since the Examination period is strictly 6 months. With a project a huge as the proposed LTC this means there will be a lot of info to examine, so planning will be very important. The merits of the actual project will not be discussed at these meetings.
Whilst there was provision for a second planning meeting, Preliminary Meeting 2 on the 20th June 2023 if required; the Examining Authority (ExA) announced on the 15th June 2023 that the second meeting will not be needed. Instead they will officially close the pre-examination stage of the LTC DCO process in writing, which will be published to the PINS LTC webpage on the 20th. The strict 6 month examination period will begin immediately after the pre-examination stage closes. The first hearing of the examination will be Open Floor Hearing 1 which will start at 6pm on 20th June 2023.
TCAG Update on Preliminary Meetings
The Planning Inspectorate has up to six months maximum to carry out the examination, and no longer.
During this stage all Interested Parties will be invited to provide more details of their views either verbally at meetings or in writing.
Careful consideration is given by the Examining Authority to all the important and relevant matters including the representations of all Interested Parties, any supporting evidence submitted and answers provided to the Examining Authority’s questions set out in writing or posed at hearings.
The Draft Examination Timetable 2023
Registration to speak at hearings is necessary and details can be found by clicking on the link for each event Tues 20th June - 6pm - Open Floor Hearing 1 (OFH1) Weds 21st June - 10am - Issue Specific Hearing 1 (ISH1) Topic: Project Definition Thurs 22nd June - 10am - Issue Specific Hearing 2 (ISH2) Topic: Draft DCO Fri 23rd June - 10am - Continuation Hearings (if required) Topic: as required depending on whether extra time is needed for either Issue Specific Hearings 1 or 2 Weds 28th June - 10am - Open Floor Hearing 2 (OFH2) Thurs 29th June - 10am - Open Floor Hearing 2 (OFH2) (Continuation if required) Weds 5th July - 10am - Open Floor Hearing 3 (OFH3) Thurs 6th July - 10am - Open Floor Hearing 3 (OFH3) (Continuation if required) Registration for hearings after 6 July need to be in by Deadline D (18 July) Tues 18th July (23:59) - Deadline 1 (D1) Tues 18th July - Procedural Deadline D (PDD) Thurs 3rd August (23:59) - Deadline 2 (D2) Tues 15th August - Publication of ExA's First Written Questions Thurs 24th August (23:59) - Deadline 3 (D3) 4th-11th August - Dates reserved for:- Open Floor Hearings (OFH) (if required)
- Issue Specific Hearings (ISH) (if required)
- Compulsory Acquisition Hearings (CAH) (if required)
- Accompanied Site Inspection (ASI) (if required)
- Open Floor Hearings (OFH) (if required)
- Issue Specific Hearings (ISH) (if required)
- Compulsory Acquisition Hearings (CAH) (if required)
- Report on the Implications for European Sites (RIES) and any associated questions (if required)
- ExA’s commentary on, or schedule of changes to, the dDCO (if required)
- Examining Authority’s further Written Questions (ExQ) (if required)
- Open Floor Hearings (OFH) (if required)
- Issue Specific Hearings (ISH) (if required)
- Compulsory Acquisition Hearings (CAH) (if required)
- Further ASI (if required)
There is a strict deadline that DCO Examinations can only last a maximum of 6 months.
The LTC DCO Examination will end on Weds 20th December 2023.
The Planning Inspectorate must prepare a report on the application to the Secretary of State for Transport, including a recommendation, within three months of the close of the six month Examination stage.
The Secretary of State for Transport, has a period of three months after the recommendation is made to make the decision on whether to grant or refuse development consent.
This means that the decision should be made by 20th June 2024.
Although this is the usual timeline for decision it is possible that delays can occur, and extensions are made.
Once a decision has been issued by the Secretary of State for Transport, there is a six week period in which the decision may be challenged in the High Court. This process of legal challenge is known as Judicial Review.
There are very specific grounds on which a JR can be made, so this has to be reviewed and decided upon at the appropriate time.
Dependent on any Judicial Review results, if the DCO is still deemed granted construction of the project can commence.
NB. If permission is granted for the LTC, construction has been delayed by 2 years, meaning it is not expected to begin until at least June 2026. This follows the government announcement on 9th March 2023.
DCO process 2022 video
Watch the video below and visit https://infrastructure.planninginspectorate.gov.uk/application-process/the-process/ for more info.
Related
LTC DCO Updates Index 2022 – click here
LTC project timeline – click here
National Highways info on the process on the LTC website click here.