Reinstate the Infrastructure Planning (Model Provisions) (England and Wales) Order 2009
Reinstate Model Provisions
MHCLG should legislate to reinstate the Model Provisions. These Model Provisions should include:
- Standard Requirements ensuring management plans are "substantially in accordance" with outline documents;
- Provisions enabling compulsory acquisition of rights for utility works;
- Provisions allowing variations that deliver environmentally better solutions;
- Provisions ensuring overlapping consents do not lead to enforcement action;
- Time periods for consultation and decision-making not exceeding 28 days (42 for protective provisions);
- Acceptable protective provisions for statutory undertakers; and
- Default provisions to be utilised where disputes exist.
Statutory guidance should say these provisions should be accepted unless there is a fundamental and compelling reason not to.
Government Response: Model Provisions guidance by Summer 2027
The Government will update guidance by end of Summer 2027 setting clear expectations for model provisions in DCOs. It prefers guidance over legislation to maintain flexibility, and will undertake stakeholder engagement to inform the design of standardised provisions. While the Taskforce recommended reinstating the Model Provisions through legislation, the Government's guidance-based approach still aims to reduce the treatment of every DCO as a bespoke exercise. The longer timeline (Summer 2027) gives space for comprehensive stakeholder input.
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Key Regulators
Taskforce target: December 2027
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