UK Planning Act 2008: DCO Order Provisions Guide
Updated 6 September 2026 · By SolarNevs Research Desk, Dealer surveys + verified sources · 1 source · Method ↗
Key Takeaways
- Codified under Section 114 of the Planning Act 2008, the Secretary of State makes formal Statutory Orders granting or refusing development consent.
- Imposes a mandatory statutory requirement under Section 116 to prepare and publish a detailed written statement of decision reasons.
- Empowers the DCO under Section 120(1)-(2) to impose legally binding "Requirements" equivalent to standard planning conditions.
- Authorizes comprehensive ancillary provisions under Section 120(3)-(4), incorporating compulsory purchase powers listed in Schedule 5.
- Enables the DCO under Section 120(5) to apply, modify, or disapply conflicting local bylaws and statutory enactments.
Statutory Authority of Sections 114, 116, and 120
Under Part 6, Chapter 2 of the Planning Act 2008 (c. 29), Sections 114 through 120 govern the drafting, legal structure, and enforcement of Development Consent Orders.
Because a DCO is enacted as a UK Statutory Instrument (SI), it consolidates planning permission, compulsory land acquisition powers, highway modification authorizations, and grid easement rights into a single statutory order.
DCO Order Powers & Requirements Matrix
The DCO framework establishes binding legal powers across key statutory provisions:
Statutory Power | Legislative Reference | Practical Application in Solar DCO Infrastructure |
|---|---|---|
Order Making Power | Section 114(1) Must make order granting consent or refuse consent | Formal ministerial determination concluding the Planning Act examination |
Statement of Reasons | Section 116(1) Prepare statement of reasons and give notice to parties | Detailed legal justification addressing all Examining Authority recommendations |
Enforceable Requirements | Section 120(1) Impose requirements in connection with development | Mandates Construction Environmental Management Plans (CEMP) and drainage schemes |
Planning Condition Parity | Section 120(2) Requirements corresponding to conditions on permissions | Imposes noise limits, glint and glare mitigation, and landscape screening bounds |
Ancillary Matters | Section 120(3) Include provision relating to ancillary development | Grants rights for battery storage enclosures, on-site substations, and access roads |
Schedule 5 Powers | Section 120(4) Provision relating to matters listed in Part 1 of Schedule 5 | Grants compulsory acquisition of land, creation of grid cable easements, and rights |
Statutory Modification | Section 120(5) Apply modify or exclude a statutory provision | Disapplies conflicting local drainage bylaws or street works consent bottlenecks |
Project Delivery Checklist for Managing DCO Requirements
To ensure flawless compliance with DCO provisions under Section 120:
- Establish a Requirement Discharge Tracker: Log every pre-commencement Requirement (archaeology, biodiversity management, transport routes) and agree discharge timetables with host local planning authorities.
- Verify Compulsory Acquisition Schedules: Ensure all land parcels and rights over third-party land required for grid export cables are precisely scheduled in accordance with Schedule 5.
- Audit Statutory Modification Articles: Confirm that Section 120(5) provisions in the order correctly reference relevant local legislation to prevent construction stop notices.
Frequently asked questions
What decision duty is imposed on the Secretary of State under Section 114(1)?
Under Section 114(1), when the Secretary of State has decided an application, the Secretary of State must make an order granting development consent, or refuse development consent (August 2026).
What notice and publication duties apply to decision reasons under Section 116(1)?
Under Section 116(1), the decision-maker must prepare a statement of reasons, give notice to each interested party, and publish the statement (August 2026).
What types of Requirements can a DCO impose under Section 120(1)-(2)?
An order granting development consent may impose requirements corresponding to conditions that could be imposed on planning permissions or authorisations (August 2026).
Can a DCO modify or exclude conflicting statutory provisions under Section 120(5)?
Yes. Under Section 120(5), an order granting development consent may apply, modify, or exclude a statutory provision relating to any matter provided for in the order (August 2026).
References
- legislation.gov.uk: Planning Act 2008 Section 114 — accessed 31 August 2026
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