Under section 293D, an application for development of “national importance” made by the Crown may be made directly to the Planning Inspectorate rather than the local planning authority. In essence, the application goes straight to appeal before an inspector and may proceed by way of written representations, a hearing or inquiry.

This application concerned the Sevington Inland Border Facility and Border Control Post (“IBF”) near Ashford in Kent. The IBF is of critical national importance for UK border security and the biosecurity of plant and animal products entering the UK. It has been in place for 5 years and was operating under a series of Special Development Orders. The intent of the Crown Development application was to retain the current facility by granting planning permission on a permanent basis. The inquiry was listed for two weeks, but thanks to the hard work of the applicant’s team, many issues were disposed of in advance of the inquiry, and so there were 4 sitting days. As the first Crown Development permission, the Inspector’s decision letter granting permission subject to conditions contains useful guidance on the process and approach which will be adopted by the Planning Inspectorate in determining such applications.

Michael Fry advised the Department for Transport on the mode of application throughout the process and acted in the inquiry. Claire Nevin was instructed for the inquiry.

The decision letter and application documents may be found here.

A BBC New Article on the IBF permission may be found here.