The Secretary of State’s decision letter, the Examining Authority’s report, the made Order and other associated documents are available on the National Infrastructure Planning website. The decision is interesting as the Examining Authority provided the Secretary of State with alternative options, advising on refusal in certain circumstances and on approval in different circumstances. In the event, the Secretary of State rejected the basis of those options, and confirmed that it was for the Applicant to put forward the application it considers best meets the relevant legal, policy and guidance tests. The Secretary of State’s approach to a Scheduled Monument, biodiversity and carbon should also be noted.
Michael Fry instructed by Womble Bond Dickinson promoted the DCO on behalf of the applicant, National Highways Limited, during the six month examination into this nationally significant infrastructure project. This decision represents Michael’s third successful DCO application in the last 12 months.