Planning Act 2008: Guidance on preparing an application: Part 2 - Application contents

1. The purpose of this guidance

1.1 The guidance explains the statutory requirements covering the submission of an application for an order granting development consent (Development Consent Order (DCO) application). The guidance covers a range of matters an applicant should consider in preparing a DCO application. The guidance should be read in conjunction with Part 1: Pre-application steps and Part 3: Content of a Draft DCO.

1.2 This guidance should also be read in conjunction with the Introduction to National Infrastructure Planning Guidance, which includes information about audience, legal status and territorial extent of the full guidance suite.

2. Statutory requirements

2.1 A DCO application must be made in the form and include such matters prescribed by section 37 of the Planning Act 2008 (“the Planning Act”) and Regulations 5, 6 and 7 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (“the APFP Regulations”). Compliance with the statutory requirements is one of the main tests the Secretary of State (in practice, the Planning Inspectorate, acting on behalf of the Secretary of State) applies in reaching a decision about whether or not to accept the application for examination.

2.2 The content of a proposed application, as set out in the APFP Regulations-, consists of 4 types of matters:

a) those elements which must be included in any application:

• Draft Order
• Explanatory Memorandum (EM)
• land plans
• works plans
• statutory nuisance statement

b) those elements which must be included but only where applicable, as set out in relevant legislation and guidance:

• Environmental Statement (ES)
• any scoping or screening opinions together with supporting information
• environmental features plans
• Flood Risk Assessment (FRA)
• information to support the Habitats Regulations Assessment (HRA)
• outline biodiversity gain plan (from 2 November 2026)
• access and rights of way plans
• Crown land plans
• design, appearance, landscaping and other plans necessary to describe the proposals for which development consent is sought
• a plan with accompanying information identifying any statutory or non-statutory sites or features of the historic environment, together with an assessment of any effects on such sites, features or structures likely to occur as a result of the proposed development
• particular information required for specific types of projects, by reference to Regulation 6 of the APFP Regulations, such as generation stations, highways and railways, harbour facilities and pipelines

c) those elements which must be included if compulsory acquisition (CA) is proposed:

• land plans showing each parcel required for, or affected by, the proposed development, any special category land or replacement land
• Book of Reference
• Statement of Reasons
• Funding Statement

d) other information or plans which applicants often submit voluntarily in the light of experience to support the application:

• Planning Statement
• key issues tracker (format to be determined by the applicant in discussion with the Planning Inspectorate);
• land and rights negotiation tracker (where the DCO application seeks land acquisition powers)
• evidence plans
• GIS shapefile

2.3 These plans and information are described in Part 3: Content of a Draft DCO of this guidance, which deals specifically with the content of the draft DCO and the accompanying EM.

3. Elements which must be included in any application for development consent

Draft Order

3.1 A DCO application must include a draft of the proposed Order (as required by Regulation 5(2)(b) of the APFP Regulations) prepared using the SI template or any successor format. This enables the Examining Authority and the Secretary of State to understand precisely what development is being proposed, the legal powers that are being sought, and are considered necessary to deliver it, the proposed controls which govern how these powers may be exercised, and how the proposed development will be implemented. Detailed guidance on the content of a draft DCO can be found in Part 3: Content of a Draft DCO.

Explanatory Memorandum (EM)

3.2 To accompany the draft Order, an applicant is required to submit an EM under Regulation 5(2)(c) of the APFP Regulations. The EM must set out the purpose and effect of the proposed provisions in the draft Order. The EM should also set out why the provisions are required to deliver the proposed development and how the Order will operate in practice. Detailed guidance on this can be found in Part 3: Content of a Draft DCO.

Land plans

3.3 All applications must be accompanied by a set of land plans under Regulation 5(2)(i) of the APFP Regulations. The main purpose is to identify the land that is required for, or affected by, the proposed development, and this is conventionally referred to as the Order Land. The land plans must be referenced in the draft Order. Further information on land plans where compulsory acquisition of land or rights is proposed is set out in section 5 below.

Works plans

3.4 All applications must be accompanied by a set of works plans under Regulation 5(2)(j) of the APFP Regulations. The works plans show the location of the proposed development within Order Limits. For example, the “red line boundary” in which the applicant is seeking consent to carry out the proposed development. The works plans should also show different “work areas” including which different parts of the proposed development can be carried out. These work areas should correspond to “work numbers” set out and described in the draft DCO (usually in Schedule 1). Where horizontal limits of deviation are described in the draft DCO, particularly for a linear scheme such as a new road or railway, these should also be shown in the works plans.

4. Plans and information which must be included in an application, where required

Environmental Statement (ES)

4.1 Major infrastructure projects will normally be of a size, scale and nature that they will constitute Environmental Impact Assessment (EIA) development as defined in The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (“the EIA Regulations”).

4.2 Where the proposed development is EIA development, an applicant must, under Regulation 5(2)(a) of the APFP Regulations, submit an ES with the DCO application. Although it is not mandatory, under Regulation 10(1) of the EIA Regulations, an applicant can request that the Secretary of State (in practice the Planning Inspectorate acting on behalf of the Secretary of State) to provide an opinion on the scope of the ES (the ‘scoping opinion’). The scoping may comment on the extent, and level of detail, of the information to be provided in the ES in order to support a refined assessment focused on the likely significant effects of the proposed development. Such a request must be accompanied by the information required by Regulation 10(3) of the EIA Regulations. The Planning Inspectorate has 42 days to adopt, and send a copy of, its scoping opinion to the applicant.

4.3 Any such scoping opinion will take into account advice received from statutory consultees and other relevant organisations. Any potential for transboundary effects must also be considered. One of the outcomes of any such scoping opinion will be that it will confirm the programme of data collection and studies to be undertaken by the applicant, and will confirm which environmental matters are scoped out of the EIA where no likely significant environmental effects are anticipated, and therefore where assessment is not expected to focus. Conversely, matters will be scoped in where likely significant effects of the development to which an application relates are anticipated, and therefore where assessment is expected to concentrate.

4.4 The purpose of an ES is to reach a reasoned assessment of the likely significant effects, both adverse and beneficial, of the proposed development on the environment and the potential mitigations of such. The ES ensures that such relevant environmental effects and mitigations are properly understood, scrutinised, and weighed before a decision is taken as to whether development consent should be granted. As part of the application, the ES also provides those with an interest in the proposed development considerable information to enable them to understand the effects.

4.5 As the NSIP regime has matured, there has been an increasing tendency for ESs to become disproportionate beyond the requirements of the EIA Regulations. This can be counterproductive and make it difficult to understand clearly the actual likely significant environmental effects of the proposed development. Applicants and statutory consultees should therefore adopt a proportionate approach to the type and volume of information to support the EIA in line with the scoping opinion, where one has been adopted and where a proposed development remains materially unchanged from that scoped.

4.6 At the same time, applicants should also consider how the design maturity of the development proposal and the level of detailed information which is available may affect the assessment of environmental effects. Where details of the scheme may not be fully known at the point of application, applicants may be able to describe the proposal in terms of the maximum parameters of the proposal and the establishment of a reasonable worst-case scenario for environmental assessment. The ‘Rochdale Envelope’ is now a well-established approach that identifies the reasonable worst-case likely significant environmental effects of a range of development parameters, so that rigorous assessment can be undertaken and consent can be informed and limited by such, before all project details are finalised. This approach may need to consider options within the envelope.

4.7 Regulation 14 and Schedule 4 of the EIA Regulations requires that an ES includes a description of the reasonable alternatives studied by the applicant that are relevant to the proposed development and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account and including a comparison of the effects of the proposed development on the environment. Inadequate consideration of alternatives can be grounds for legal challenge. Alternatives will be specific to the type, nature and location of each individual development, and can range from matters such as micro-siting (where the development is located within a site) and alternative access points, to the location, size, timing and scale of development, and technological and design options. Applicants are encouraged to document and reason appropriately in their ES any alternatives considered, including those rejected.

4.8 As set out in Part 1: Pre-application steps, Regulation 13 of the EIA Regulations sets out the publicity requirements for the EIA process, with regard to section 48 of the Planning Act.

Environmental features plans

4.9 Regulation 5 of the APFP Regulations sets out that, where applicable, a DCO application must be accompanied by plans with accompanying information identifying:

• any statutory and non-statutory sites or features of nature conservation sites, habitats of protected species and water bodies in a river basin management plan (Regulation 5(2)(l))
• any statutory and non-statutory sites or features of the historic environment and registered battlefields (Regulation 5(2)(m))
• such information must be accompanied by an assessment of any effects on such sites, features, structures, habitats or bodies likely to be caused by the proposed development

4.10 The APFP Regulations require an assessment of ‘any effects’. This is not limited to effects which are classed as ‘significant’ under the terms of the EIA Regulations and Habitats Regulations (comprising The Conservation of Habitats and Species Regulations 2017 (as amended) and their offshore equivalent, The Conservation of Offshore Marine Habitats and Species Regulations 2017, collectively referred to as the “Habitats Regulations”), in order to give the Secretary of State a full account of how such sites or features could be affected by the proposal, and an indication of the scope of effects which may need to be examined.

4.11 It is recommended that the effects that are likely to be caused by the proposed development are assessed at a level of detail that is appropriate for the circumstances. Where the effects are classed as ‘significant effects’ under the terms of the EIA Regulations and Habitats Regulations, they will need to be assessed in accordance with those Directives and, in relation to a proposed development that is EIA development, must be set out within the ES.

Flood Risk Assessment (FRA)

4.12 Where applicable, a copy of a FRA is required under Regulation 5(2)(e) of the APFP Regulations and should be appropriate to the scale, nature and location of the development. Applicants are recommended to refer to the requirements set out in National Policy Statements (NPS), and where appropriate make use of the detailed advice set out in the National Planning Policy Framework and Planning Practice Guidance.

4.13 It is best practice for a FRA (if required) for a development proposal to establish:

• whether the proposed development is likely to be affected by current or future flooding from any source
• whether the proposed development will increase flood risk in other locations
• whether the measures proposed to avoid, reduce and mitigate any identified effects and risks are appropriate
• the evidence to apply (if necessary) the Sequential Test
• whether the proposed development will be safe and pass the Exception Test, if applicable

Information to support a Habitats Regulations Assessment (HRA)

4.14 Under Regulation 63 of the Conservation of Habitats and Species Regulations 2017, if a proposed development is likely to have a significant effect on a European site, either from the proposed development alone or in combination with other plans or projects, an appropriate assessment of the implications of the plan or project for the site is required before the Secretary of State (being the relevant competent authority for the purposes of the Habitat Regulations in relation to DCO applications)  can decide whether a proposed development can be authorised.

4.15 The Habitats Regulations establish a number of assessment stages to determine if a proposed plan or project may affect the protected features of a European site. The 3 steps in the assessment process are:

(1) screening for likely significant effects
(2) appropriate assessment/ consideration of effects on site integrity
(3) considering derogations where appropriate

Further advice on HRA is provided by the Department for Environment, Food and Rural Affairs and the Planning Inspectorate.

4.16 An applicant must provide the Secretary of State with such information as reasonably required to enable the Secretary of State to decide if a HRA is required. This may be in the form of a:

• brief statement confirming, with reasoning, that there are no pathways that could lead to effects on a European site from the proposed development
• No Significant Effects Report (NSER), where screening shows, on the basis of objective scientific evidence, that likely significant effects on European sites would not occur, or
• Report to Inform Appropriate Assessment (RIAA), where significant effects on European sites cannot be excluded and, where applicable, include information on meeting the derogation tests

4.17 Applicants should provide comprehensive information to support a HRA with their DCO application.

4.18 By placing the responsibility of compiling all the necessary HRA material on the applicant, coupled with agreed statements of common ground with SNCBs submitted with the application where possible, the expectation is that the range of disputed factual material should be reduced early on. This will contribute to improving the efficiency of the examination stage and reducing, on a practical level, the burden placed on the Secretary of State during the DCO application decision stage.

Outline biodiversity gain plan

4.19 From 2 November 2026, Biodiversity Net Gain (BNG) is mandatory for Nationally Significant Infrastructure Projects (NSIPs) in England. Developers who apply for a DCO on or after this date need to deliver at least 10% BNG.

4.20 Biodiversity gain statements set out the detail of how applicants must calculate, deliver and report on BNG and have the same effect as if they were included in the relevant NPS. Developers who make a DCO application on or after that date are required to include an outline biodiversity gain plan as part of their DCO application. This must set out a strategy for how the proposed development will deliver the statutory biodiversity gain objective of at least 10%. Applicants must also propose requirements in the draft DCO to secure the biodiversity gain objective. Further advice on BNG for NSIPs is available here.

Access plans

4.21 Where a proposed development requires new or altered means of access and/or closure, diversion, extinguishment or creations of public rights of way, the applicant must show these proposals on a plan in accordance with Regulation 5(2)(k) of the APFP Regulations. The applicant may choose to prepare a series of plans showing the details of new access arrangements to/from the public highway, closure of or diversions to streets and public rights of way, extinguishment of public rights of way, and any proposed works to the public highway. The access plans should be referenced by a provision in the draft Order.  The draft DCO should set out the powers the applicant is seeking by reference to the information shown on these plans.

Crown land plans

4.22 Crown land is land in which there is a Crown interest or a Duchy interest. Any Crown land likely to be affected by the proposed development must be shown on a plan, separate to the land plans in accordance with Regulation 5(2)(n) of the APFP Regulations. The information relating to Crown land plots over which powers are sought should cross-reference to the information in Part 4 of the Book of Reference in accordance with Regulation 7(1)(d) of the APFP Regulations.

Design, appearance, landscaping etc. plans

4.23 Under Regulation 5(2)(o) of the APFP Regulations, an application must include any plans, drawings and sections specific to the project containing the details of design, external appearance, the preferred layout of buildings or structures, drainage, surface water management, vehicular and pedestrian access, parking arrangements and means of landscaping. If the Secretary of State approves the DCO application then these plans, drawings and sections will form part of the development consent.

4.24 Sometimes, those plans are submitted with the DCO application in an outline form. Whilst they may be sufficient for the application to proceed to examination, the applicant will be expected to include requirements in the draft DCO to provide for final detailed designs to be submitted and approved by the relevant authorities, normally the local planning authority or the Secretary of State before a decision can be made on whether the DCO application should be consented.

4.25 In addition, considerable flexibility is offered by Regulation 5(2)(q) of the APFP Regulations for an applicant to include any other documents they consider necessary to support the application.

Specific types of projects

4.26 Regulations 5(2)(p) and 6 of the APFP Regulations set out the additional information required to support applications for specific types of projects, for example:

• generating stations -
  • for onshore, a statement about how the grid connection(s) will be designed and built and by whom
  • for offshore, a statement as to whether applications will be made for safety zones and details of the proposed route and method of installation of any cable
• highways and railways – various information including detailed section drawings to suitable horizontal and vertical scales showing details about ground levels, bridges, cuttings and tunnels, water embankments, drainage and the height of every structure or device
• harbour facilities - a statement as to how the construction or alteration proposed would, efficiently and economically, enhance the harbour or facilitate the transport of people and goods
• pipelines - details of the intended use, construction design information (e.g. footprint and measurements) and whether any land rights or consents are required
• hazardous waste - a statement as to the purpose and capacity of the facility
• dam or reservoir - a statement as to what, if any, recreational amenities will be available

5. Plans and information which must be included in an application where compulsory acquisition of land or rights is proposed

Land plans

5.1 As noted in paragraph 3.3, all DCO applications must be accompanied by a set of land plans. In circumstances where the proposed DCO would authorise the compulsory acquisition of land or any right to use land, these plans must show the subject land or rights and, where applicable, any replacement land and special category land. An applicant may, at their discretion, also include other information on these plans, such as temporary possession powers, provided that the plans are clear and the approach explained.

5.2 It is recommended that each plot of land:

• which is proposed to be acquired, in whole or in part
• over which rights are sought or are proposed to be extinguished
• over which powers of temporary possession are sought

is clearly identified with a unique plot number or letter.

5.3 These plot numbers should also be used in the Book of Reference, the Statement of Reasons and any related schedules to the draft DCO so that the suite of land related information can be read together. Preparation of the land plans usually involves colour coding of the different type of powers being sought over all of the land plots comprising the Order Land, shown on a number of sheets at appropriate scales (generally not smaller than 1:2,500).

Book of Reference

5.4 Where an applicant seeks powers of compulsory acquisition of land, interests in, or rights over, land or powers to take temporary possession of land as part of a DCO application, information relating to this must be set out within a Book of Reference as required by Regulation 5(2)(d) of the APFP Regulations. A Book of Reference is also required in certain circumstances when no compulsory acquisition is involved, for example when Crown land is proposed to be used.

5.5 The Book of Reference must be in the format of 5 Parts, and contain the required information, as set out in Regulation 7 of the APFP Regulations:

• Part 1 must contain the names and addresses of Category 1 and 2 persons
• Part 2 must contain the names and addresses of Category 3 persons (the distinction between categories 1, 2 and 3 persons are defined in section 57(1)-(5) of the Planning Act)
• Part 3 must contain the names of those who have easements or other private rights over the subject land
• Part 4 must specify the owner of any Crown interest in the land which is proposed to be acquired and/ or used for the carrying out of the proposed development
• Part 5 must specify land which is special category land, replacement land, or land where the acquisition of it is subject to special parliamentary procedure (e.g. land which forms all or part of a common, open space, National Trust land held inalienably and fuel and field garden allotments)

5.6 For an accepted application, details of land ownership can change over time as land and interests are bought and sold. As such, it is common for Land Registry and other information to be re-evaluated post-acceptance. This often requires updates to the Book of Reference to include details of new interests within the Order Land, as well as removing persons that no longer have an interest. It is therefore not uncommon for the Book of Reference to be revised, which can be a substantial undertaking. Applicants are advised to make maximum use of electronic databases when compiling the Book of Reference to enable such changes to be made easily and so that applicants have as much information as possible relating to land interests when submitting a proposed DCO application.

5.7 Applicants do not need to submit a revised Book of Reference each time such a change occurs, but a final version which consolidates all the relevant information and changes will need to be submitted to the Examining Authority by completion of the examination stage. The Examining Authority may request information about land rights and the progress of negotiations during the examination, and such requests with deadlines will be included in the examination timetable.

Statement of Reasons

5.8 The statement of reasons, as required by Regulation 5(2)(h) of the APFP Regulations, should set out the justification for the compulsory acquisition powers and temporary possession powers being sought in the application, and explain why these are necessary and proportionate to enable the proposed development to proceed without impediment. It should explain why there is a clear and compelling case in the public interest for the powers of compulsory acquisition to be granted and explain how this compelling case outweighs the potential for private harm to landowners. It will typically cover how the requirements in sections 122 and 123 of the Planning Act are met, the explanation of why any statutory undertaker’s land is required, and how any special category land (commons and open spaces) to be acquired, or over which rights are sought, is to be replaced.

5.9 The statement of reasons should also list each plot in the Order Land, linked to the land plans, with a brief description of the interests involved and the justification for the powers requested specifically for each identified plot. It should also detail how the applicant considers that the proposed acquisition of land and rights over land is compliant with the Human Rights Act 1998, in that the proposed interference with the rights of those with an interest in the land is for a legitimate purpose and is necessary and proportionate in the public interest.

Funding Statement

5.10 A Funding Statement, as required by Regulation 5(2)(h) of the APFP Regulations, must contain sufficient information to enable the Secretary of State to be satisfied that, if it were to grant the compulsory acquisition powers requested, the applicant would be able to pay the compensation necessary to those landowners or occupiers whose land, rights or interests in the land were acquired, temporarily possessed or have had their rights affected.

5.11 The applicant should also provide evidence to show that the proposed development is not likely to be prevented due to difficulties in sourcing and securing the necessary funding. In the case of private sector applicants in particular, it is not uncommon for a redacted version of the Funding Statement to be provided for publication, with any sensitive commercial details only provided for the Examining Authority.

5.12 In all cases, the Funding Statement is an important part of the justification for compulsory acquisition and temporary possession powers being granted via the provisions of a DCO. The Secretary of State will scrutinise the Funding Statement in deciding whether the powers requested are reasonable. The applicant should also set out in the Funding Statement the nature of the applicant (e.g. was it a company established to develop the specific project). Where the applicant has no assets, evidence is required of guarantees or other security that satisfies the Secretary of State that funds will be available to acquire the land interests sought.

6. Other plans and information which may be included in an application

6.1 Applicants often voluntarily submit a range of other information as part of an application which is valuable to the Examining Authority in making an informed recommendation to the Secretary of State. The main elements are set out below.

Planning Statement

6.2 The purpose of a document typically called ‘the ‘Planning Statement’ or ‘Case for the Project’ is to provide:

• a description of the proposed development
• a summary of the main impacts
• the policy context
• how the project is in accordance with and fulfils any policy tests within a relevant NPS

6.3 The Planning Statement will usually explain and justify the need for, and the timescales associated with, any flexibility sought, so that refinements to the approved development can be accommodated as detailed design and implementation takes place. This should be established within clearly defined parameters representing the maximum dimensions of buildings, for example as part of a ‘Rochdale Envelope’ approach, but sufficiently detailed to enable a proper assessment of the likely significant environmental effects and to allow for the identification of necessary mitigation.

6.4 The other main matter typically covered in the Planning Statement is the consideration of alternatives (where required). There are circumstances in the DCO application process where alternatives to the proposed development must be considered as required by legislation, such as to meet the requirements of the EIA Regulations, a HRA or Water Framework Directive, and where compulsory acquisition of land is sought.

6.5 It is important to note, however, that there is no general requirement in the Planning Act to consider alternatives for specific applications. The decision to approve a DCO application is based on its own merits, and is not reliant on consideration of whether there may be better or different alternatives either elsewhere or at a later stage. It is often the case that objectors will argue the proposed development should not proceed because there is a superior alternative. Unless such an alternative is worked up in sufficient detail to be compared equally to the application under consideration, it is unlikely to be capable of being properly considered by the Examining Authority during examination, and unlikely to be capable of being an important or relevant consideration for the Secretary of State when making a decision. Even then, however, the application before the Examining Authority must be considered on its own merits.

6.6 That said, applicants often briefly set out the main alternatives to their preferred project design considered during the pre-application stage. Where relevant, applicants are encouraged to do so as this can demonstrate how project designs have been refined to take into account environmental, socio-economic and community effects. It is recommended that any such consideration of alternatives is submitted as part of the Planning Statement. This will help to reinforce the applicant’s case for promoting the project in the particular form of the submitted application.

6.7 Very exceptionally, there may be some instances where an application contains options for a particular aspect of a project put forward by an applicant on the basis that the Examining Authority is able to recommend a preference to the Secretary of State. Examples include where there:

• are two potential connection points and therefore two different cable routes for a generating station
• is optionality regarding the particular technological solution that may be developed post-consent; or
• is dependency on a third party project and the possibility of that not proceeding needs to be addressed

6.8 There may also be circumstances where an element of a proposal is so exceptional it is in the applicant’s interest to provide a more particular consideration of alternatives to help demonstrate their eventual preference in the light of the policy requirements of the relevant NPS. In such cases, the applicant will need to ensure that sufficient technical material is included as part of the application to enable it to be properly examined by the Examining Authority without leading to substantial delays.

Key issues tracker

6.9 It is helpful for the Examining Authority to have access to information which sets out the applicant’s view of the principal issues identified through pre-application process and the extent to which it is anticipated they can be settled during the examination. This will inform the preparation of the initial assessment of principal issues by the Examining Authority early in the pre-examination stage. The tracker should then be kept up to date so that outstanding unresolved issues at the end of the examination can be clearly identified as matters which the Examining Authority can then deal with in the recommendation report.

Land and rights negotiation tracker (where compulsory acquisition is proposed)

6.10 Where appropriate, the Book of Reference should be supplemented by a land and rights negotiation tracker submitted by the applicant and updated during the examination stage. It is recommended that this sets out the status of negotiations with landowners, Crown bodies and statutory undertakers affected by proposals for compulsory acquisition of land or rights and temporary possession powers. Further information on the land and rights negotiation tracker and a template is provided in the Planning Inspectorate’s Pre-application Prospectus.

Voluntary evidence plans

6.11 During the EIA, it may be appropriate to prepare evidence plans for particular issues. For example, it may be helpful for the applicant to prepare an evidence plan with SNCBs relating to technical environmental information. Such evidence plans can then be useful to support particular outcomes and conclusions relating to environmental issues, especially where these are contentious. Such evidence plans can be submitted separately or as appendices to the ES or HRA.

7. Submitting the application

7.1 During the pre-application stage, the applicant must comply with the statutory requirements in sections 46 and 48 of the Planning Act relating to notification and publicity of the proposed application.

7.2 Once the applicant is sure that all the information and plans required for the application are ready, the application can be submitted to the Planning Inspectorate, who must then determine (on behalf of the Secretary of State) whether it should be accepted and proceed to examination. The acceptance process is covered in the specific guidance dealing with that stage.

7.3 The application must be made in the format prescribed in Schedule 2 to the APFP Regulations. In practice, an online application form is provided by the Planning Inspectorate. In addition to the requirements of Regulation 5 of the APFP Regulations, the Planning Inspectorate also provides advice on standard requirements about the structure and format of the application submission, including matters such as naming and referencing conventions, use of photos, the submission of a GIS shapefile to accurately denote the boundary of the proposed development site, and the use of Artificial Intelligence (AI) in document preparation (further advice on the use of AI is provided by the Planning Inspectorate).

7.4 Unless specifically requested by the Planning Inspectorate, there is no requirement to submit the application in hard copy form, and the expectation is that all material will be submitted electronically and published in due course on the Planning Inspectorate’s “Find a National Infrastructure Project” website. Submission information should also be made available on the applicant’s website. It is intended that sections 84 and 85 of the Levelling Up and Regeneration Act 2023 will in due course apply to the DCO application process under the Planning Act, which would require the submission of planning data as specified in regulations. The aim is for this to enhance the ability of applicants to submit applications in up-to-date digital formats.