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DCLG clarifies new housing element in Development Control Order regime

Published: Thursday, 5th November 2015

The Government has clarified its new proposals for including new homes in individual development consent orders (DCOs) and confirmed that the maximum number of permanent homes will be 500.

New draft guidance just published said ministers won’t limit the types of Nationally Significant Infrastructure Project (NSIP) that will be allowed to include homes.

The guidance said homes would be allowed if they are “close to” the proposed infrastructure or if there is a functional need for permanent homes in cases where homes are required for construction workers or operational reasons.

Housing “up to one mile away from any part of the infrastructure for which consent is being sought” will be considered close enough to the infrastructure to be included in a NSIP, the guidance said.

However, where “a large amount of housing” is proposed to meet a functional need, the guidance said “it may be more appropriate for this to be in a location that is not in the immediate vicinity of the infrastructure project”.

The advice said fewer homes would be considered appropriate where policies like those protecting green belt land and heritage assets indicate that development should be restricted. Homes included on the basis of proximity would be expected to include affordable housing and “an element of starter homes”.

“It will be open to the Secretary of State to grant consent for the infrastructure, but refuse consent for some or all of the housing” noted the guidance.

View the briefing note

Roger Milne