The planning process
Understanding the stages of Heathrow expansion
The information below outlines the key stages of the Development Consent Order (DCO) process, focusing particularly on opportunities for communities to engage and have their say. While presented in sequence, some stages and activities may overlap.
Where we are now, November 2026
Stage 3 is open now. Seven stages are still to come.
Heathrow Airport’s consultation runs from 27 October to 22 December 2026.
Have your sayRunning alongside
A separate process for airspace design
Alongside the DCO process, future flight paths will be considered through a separate airspace change process, known as CAP 1616. This is being taken forward by the UK Airspace Design Service (UKADS), which is responsible for coordinating airspace redesign across London and southern England, under the oversight of the Civil Aviation Authority (CAA).
As future flight paths have not yet been finalised, communities may not have a complete picture of how aircraft noise could affect their local area, particularly those further from the airport, during consultations on Heathrow expansion proposals.
There will be separate opportunities for communities to have their say on proposed airspace changes. HEICEB is seeking further clarity on the timetable for this process and will provide updates through Heathrow Expansion Watch as more information becomes available.
Complete
1
Publication of proposal
When:
January to July 2025
Having your say:
This stage was not a formal public consultation.
The Government invited proposals for a third runway at Heathrow. Two were put forward.
In January 2025, the Government said it would support proposals for a third runway at Heathrow airport and invited expansion proposals “by the summer”.
Heathrow Airport Limited (HAL)
In July 2025, Heathrow Airport Limited (“HAL”) published, and submitted to Government, their Proposal for Expanding Heathrow Airport – the UK’s Gateway to Growth, which sets out HAL’s plans for the airport’s expansion. It includes:
a third runway (of up to 3.5km) located north-west of the existing airport, and associated taxiways designed to deliver up to 276,000 additional flights a year (i.e. an increase from 480,000 to 756,000);
a new terminal complex to the west of Terminal 5; and
new and upgraded supporting infrastructure (including increasing cargo capacity by 50%, reconfiguring surface access, including the realignment of the M25 below the new runway, and parking facilities).
Heathrow West Limited
Heathrow West Limited, a subsidiary of the Arora Group, has proposed a rival expansion plan that includes:
a 2.4 km runway further to the east of the HAL scheme (to be operational by 2035);
an option to extend the runway to 3.5km over the M25 after 2040, if necessary;
a new Terminal 6, located to the west of Terminal 5, and designed to handle up to 40 million passengers each year;
associated airfield infrastructure, surface access and public transport improvements; and
a construction approach that avoids building over the M25.
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Either proposal would need to follow the planning process for a nationally significant infrastructure project (“NSIP”), which is set out in the Planning Act 2008. Instead of obtaining planning permission from the local planning authority, consent would need to be obtained from the Secretary of State, via a development consent order (“DCO”). A DCO is a statutory instrument and can include a wide range of powers including:
the power to construct, operate and maintain the project;
the power to acquire land (and rights over land) compulsorily, the power to extinguish existing rights, and to take temporary possession of land;
the power to interfere with streets, public rights of way, and to take traffic regulation measures;
a defence against statutory nuisance (i.e. nuisances caused by the construction and operation of the project); and
the disapplication or modification of legislation.
For some types of NSIP there are National Policy Statements (“NPS”) in place. The NPS establishes the national need for the type of NSIP, meaning it is not necessary for the applicant to demonstrate the necessity of the proposed infrastructure during the application process. The NPS also sets out the policy rationale for the NSIP and the criteria against which the Secretary of State will use to determine an application for development consent.
For Heathrow, the Airports National Policy Statement (“ANPS”) is the relevant NPS. In June 2026, the Government commenced a review of the ANPS and launched a public consultation on what it had decided to rename as the draft Heathrow Expansion National Policy Statement (“HENPS”). More details about this are set out in stage 2.
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The proposals provided an early indication of how Heathrow could expand and which communities might be affected.
They raised important questions about potential impacts, including aircraft noise, air quality, local roads, homes and green spaces, as well as possible employment and economic opportunities.
The Government’s decision established a basis for developing national planning policy, but the detailed impacts and mitigation measures would need to be examined as proposals progressed.
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This initial stage was primarily concerned with submissions from potential developers and the Government’s assessment of their proposals. It was not a formal public consultation.
However, residents and community organisations have opportunities to participate at later stages, including consultations on national policy and expansion proposals.
Heathrow Expansion Watch will provide independent, accessible, and timely information about these opportunities, including how and when communities can get involved throughout every stage of the NPS and DCO processes. In the following stages, we explain what we are doing and what we will do to ensure constructive and effective engagement between Heathrow Airport and those affected by the airport.
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The Government reviews the Heathrow Expansion National Policy Statement (HENPS), which sets out the national policy framework for assessing future applications for Heathrow expansion.
Under way
2
Review of the Airports National Policy Statement
Renamed the Heathrow Expansion National Policy Statement (HENPS).
When:
October 2025 to date. Parliamentary scrutiny runs until 26 November 2026.
Having your say:
The public consultation ran from June to September 2026. It has now closed.
The Government is reviewing the national policy that any expansion proposal will be assessed against.
Key dates
2018: the Airports National Policy Statement (ANPS) is designated.
October 2025: a review of the ANPS is launched.
June 2026: the Department for Transport publishes the draft Heathrow Expansion National Policy Statement (HENPS).
June to September 2026: public consultation on the draft HENPS. This consultation has now closed.
Until 26 November 2026: Parliamentary scrutiny. A Parliamentary Select Committee is examining the proposals and will make recommendations to the Government.
Next: the Government decides whether to finalise the HENPS. The final policy statement is subject to a vote in the Houses of Parliament before it can take effect.
The four key areas in the draft HENPS
Economic growth and employment opportunities
Air quality
Climate change
Aircraft noise
Worth knowing
The HENPS does not grant planning permission for a third runway.
Any expansion proposal must still undergo a separate planning process to meet the conditions set out in the HENPS before development consent can be granted.
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The ANPS was designated in 2018 and sets out the policy framework for expansion at Heathrow airport. While it is the main basis for decision making on any application for development consent for a new north-west runway, since its designation, there have been significant legal, environmental, and policy changes, including updated climate commitments, air quality standards, and shifts in national aviation demand.
A review of the ANPS was launched in October 2025 and, in June 2026, the Department for Transport published the draft Heathrow Expansion National Policy Statement (“HENPS”), which sets out:
the Government’s policy on the need for increased capacity at Heathrow Airport;
why the Government has selected the Heathrow Northwest Runway scheme for the purposes of the review;
the specific requirements that a project must demonstrate and meet to make an application for development consent.
It also addresses other important issues, including transport links, impacts on local communities and measures to reduce or compensate for adverse effects.
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The HENPS is important because it establishes Government’s view on whether a third runway is needed, and the policies and requirements against which future expansion proposals will be assessed.
For communities around Heathrow, this includes how potential impacts on homes, health, local roads, the environment and quality of life should be considered, and how the plans to deliver jobs and growth should be developed.
It also addresses the measures that developers may need to put in place to reduce adverse impacts or provide compensation.
The policies established at this stage will help shape how future expansion proposals are developed, examined and ultimately decided.
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Between June and September 2026, there was a public consultation on the draft HENPS. Residents, community groups, local authorities and other interested parties were invited to comment on the proposed policies, including whether they adequately address the potential impacts of Heathrow expansion. Under the Planning Act 2008, every draft or revised NPS is subject to parliamentary approval and there is provision for a parliamentary select committee to scrutinise the document and make recommendations to the Government in respect of it. That function is currently being undertaken by the Transport Committee.
This consultation has now closed, but the review of responses, by the Department for Transport, is currently underway.
The draft HENPS is also subject to Parliamentary scrutiny, with the current scrutiny period running until 26 November 2026. A Parliamentary Select Committee is examining the proposals and will make recommendations to the Government.
Communities will have further opportunities to engage as detailed expansion proposals are developed and considered through the planning process, but these later stages will not consider the question of whether a third runway is needed because it is the HENPS process which assesses this issue.
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The Government will consider responses to the public consultation alongside the findings of Parliamentary scrutiny before deciding whether to finalise the HENPS.
The final policy statement will be subject to the required Parliamentary procedures, including a vote in the Houses of Parliament, before it can take effect.
Meanwhile, scheme promoters will continue preparing their detailed expansion proposals, including consultation with affected communities.
Open now
3
Pre-application engagement
When:
Heathrow Airport Limited: 27 October to 22 December 2026. Heathrow West: currently scheduled for Spring 2027.
Having your say:
Open now. Anyone can take part.
This is an important opportunity for residents to understand and give their views on how expansion could affect their homes, neighbourhoods and everyday lives, and how the plans could be improved before proposals are finalised.
Between 27 October and 22 December 2026, HAL will run their own public consultation, seeking views on expansion. Heathrow West have also committed to consulting as they progress their plans, currently scheduled for Spring 2027.
Communities can use these opportunities to:
Review the proposals and understand how they might be affected.
Raise concerns or identify potential impacts that may not have been adequately considered.
Suggest changes, alternatives or additional measures to reduce adverse effects.
Highlight potential benefits and opportunities for local communities.
Submit feedback supported by local knowledge and evidence.
Worth knowing
Promoters are no longer legally required to hold a statutory consultation. Although the previous statutory consultation requirements have been removed, feedback remains an important way for communities to seek to influence proposals before they are finalised.
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Proposals will have implications for:
Aircraft noise, air quality and the local environment.
Homes, land and properties that could be affected by construction or compulsory purchase.
Local roads, public transport and access to community facilities.
Employment, business and economic opportunities.
Measures to reduce adverse impacts or provide compensation.
Information gathered during this stage can help communities identify potential impacts, ask questions and highlight issues that scheme promoters may need to address.
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Residents, community groups, businesses and other stakeholders can participate in consultations organised by scheme promoters.
Heathrow Airport’s consultation launched on 27 October 2026 and runs until 22 December and will include more than 20 in-person events and six online events, where communities can learn about the proposals, ask questions and provide feedback.
Although the previous statutory consultation requirements have been removed, feedback remains an important way for communities to seek to influence proposals before they are finalised.
Heathrow Expansion Watch will provide independent information to help communities understand the purpose of the consultation, identify opportunities to participate and navigate the consultation process.
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The pre-application stage of the DCO process has recently been subject to fundamental change.
Previously, the applicant had to carry out a statutory consultation and produce certain documents – such as the Statement of Community Consultation and Preliminary Environmental Information Report – in accordance with the Planning Act 2008; however, since 24 July 2026, those provisions no longer apply.
Applicants must still publicise the application and, in doing so, they must have regard to any guidance about pre-application steps issued by the Secretary of State to assist them in complying with that duty.
On 3 July 2026, the Ministry of Housing, Communities and Local Government published Planning Act 2008: Guidance on preparing an application: Part 1 - Pre-application steps, (“the Guidance”) which provides guidance on the pre-application stage for DCO applications. The Guidance states:
“... There is no statutory requirement for applicants to engage or consult during the pre-application stage, and nothing in this guidance should be read as creating such a requirement. However, applicants may choose to consult and engage in order to support the evolution of their proposals and the preparation of their DCO application. This guidance makes recommendations but is not intended to be prescriptive, in particular in relation to approaches to engagement and consultation” (paragraph 1.2).
The Guidance goes on to state: “Engagement and/or consultation on the basis of a succinct description of the impacts may be appropriate, and iterative sharing of relevant information with public authorities is encouraged” (paragraph 5.7). The content of any engagement or consultation exercise seems to be at the discretion of an applicant.
The Guidance does, however, acknowledge the important role of statutory and other interested bodies during the pre-application stage (see paragraph 6.1) and Applicants are “encouraged to use the list of prescribed persons ... set out in [Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009] as a checklist of who they may want to engage and/or consult with during the pre-application stage. This can be further refined to take into account any bespoke and/or location specific aspects of the proposed development” (paragraph 6.2). Schedule 1 includes the Civil Aviation Authority, local authorities, the Environment Agency, and Natural England (to name a few).
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Paragraph 5.360 of the draft HENPS identifies a role for CISHA. It says:
“A community engagement board is required to be developed at Heathrow Airport to help ensure that local communities can contribute effectively to the delivery of expansion, including to consultations and evidence gathering during the planning process. It is considered this board should be established through the Council for the Independent Scrutiny of Heathrow Airport (CISHA) or through arrangements closely linked to CISHA, recognising its existing role in independent community scrutiny at Heathrow Airport”.
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Scheme promoters will consider the feedback and evidence gathered as they continue developing their proposals, and they may need to continue to engage with local communities on key issues.
They will then prepare the detailed plans, environmental assessments and supporting documents required for a Development Consent Order application.
We will ask them to be clear how they are taking community feedback into account in their plans.
To come
4
Heathrow expansion proposals finalised following pre-application steps
When:
Before applications are submitted, expected by the end of 2027.
Having your say:
Limited. Promoters may continue engaging as they finalise their proposals.
This stage is important because it brings together the detailed information that will form the basis of the planning application.
Scheme promoters prepare the detailed plans, environmental assessments and supporting documents required for a Development Consent Order application.
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Previously, Applicants would have demonstrated how they had taken account of the responses received to the statutory consultation they had undertaken in a consultation report.
Since there is no longer a need for Applicants to produce such a report, the Guidance states: “some applicants may choose to prepare a short engagement summary to submit with their DCO application or to publish on their website, if they consider this adds value. This might focus on who was engaged, how feedback from public bodies, local authorities, communities, and landowners / occupiers was considered, which feedback led to changes and which feedback was not taken onboard and why” (emphasis added; paragraph 8.5).
The production of such a summary is at the Applicant’s discretion and there is no duty for one to be produced.
Scheme promoters must however, prepare supporting information explaining how their proposals meet relevant planning policies and legal requirements, including those set out in the Heathrow Expansion National Policy Statement (HENPS), once designated.
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For affected communities, this should provide greater clarity about each promoter’s final proposals:
Which homes, properties and areas of land could be directly affected.
The anticipated impacts of construction, including noise, traffic and disruption.
Potential longer-term impacts on aircraft noise*, air quality, transport and the local environment.
Proposed measures to reduce adverse impacts, including compensation arrangements and noise mitigations.
How concerns raised during earlier engagement have been considered.
The application documents will provide an important basis for communities to assess the proposals and prepare for the formal examination process.
* Potential longer-term impacts on aircraft noise: Future flight paths will be developed through a separate airspace change process, coordinated by the UK Airspace Design Service (UKADS), which is responsible for developing proposals for airspace redesign across London and southern England, including Heathrow. This process is overseen by the Civil Aviation Authority (CAA) under its CAP 1616 framework. As the detailed airspace design may not be finalised before the DCO application, some uncertainty about future aircraft noise impacts on individual communities may remain at this stage. Find out more about the airspace change process.
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Scheme promoters may continue engaging with communities as they finalise their proposals, although opportunities to influence their design may become more limited as submission approaches.
Residents and community organisations can continue to raise questions, seek clarification and highlight concerns about potential impacts or proposed mitigation measures.
Where consultation has taken place, communities may also wish to understand how their feedback has been considered and whether it has resulted in changes to the proposals.
Once an application has been submitted and accepted for examination, there will be a formal opportunity for communities to register as interested parties and make representations.
Heathrow Expansion Watch will continue providing independent information to help communities understand the developing proposals and prepare for the next stages of the planning process.
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Once their proposals and supporting documents are ready, scheme promoters can submit their DCO applications to the Planning Inspectorate.
The Government anticipates that applications will be submitted by the end of 2027. However, this is an indicative timetable rather than a statutory deadline, and individual scheme promoters may choose to work to different schedules.
The Planning Inspectorate then has 28 days to check whether each application meets the legal and procedural requirements, including whether the necessary documents have been provided and are of a satisfactory standard.
This is not a decision on whether the proposed development should be approved, but whether the application can proceed to the next stage of the planning process.
To come
5
Proposals submitted to the Planning Inspectorate
When:
Heathrow West expected November 2027. Heathrow Airport Limited expected December 2027. The acceptance decision follows within 28 days.
Having your say:
Not at this stage. Application documents are made public to read.
At this stage of the potential Heathrow expansion, the relevant proposal, in the form of an application for development consent, will be submitted to the Planning Inspectorate for acceptance.
Worth knowing
Acceptance does not mean that the expansion proposals have been approved. It means the application can proceed to the next stage of the planning process, where its merits will be examined in detail.
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The Heathrow West proposal is expected to be submitted in November 2027 and the HAL proposal in December 2027.
A submission of this kind must be accompanied by a comprehensive set of documents, including a guide to the application, plans and drawings, the Environmental Statement, the draft DCO (and Explanatory Memorandum which explains what each DCO provision does), compulsory acquisition information, and several reports and statements (such as the Planning Statement, the Design and Access Statement, the Statutory Nuisance Statement, the Habitat Regulations Assessment). It is likely that the application documents will run to several thousands of pages.
The compulsory purchase information will explain which properties are earmarked for compulsory acquisition if the DCO is made. If a homeowner is content to sell their property to a DCO applicant before compulsory purchase powers are in force, and the applicant is content to buy, then a sale can take place in the usual way.
Once the Planning Inspectorate receives the application, it will decide within 28 days whether to accept it for Examination. Acceptance does not mean that the expansion proposals have been approved. It means the application can proceed to the next stage of the planning process, where its merits will be examined in detail. (It is extremely unusual for an application for development consent not to be accepted). If accepted, this leads to a 6-month Examination of the application by the Examining Authority. The Examination is primarily a written process, though it does include oral hearings where complex or controversial issues will be scrutinised further. It will ultimately lead to a recommendation by the Examining Authority to the Secretary of State.
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The submission of a DCO application is an important milestone because it provides communities with access to the detailed proposals that will be considered through the formal planning process.
The application documents should help residents understand:
The location, design and scale of the proposed development.
Which homes, properties and areas of land may be affected.
The findings of environmental assessments, including potential impacts on noise, air quality and the local environment.
Proposed measures to reduce or compensate for adverse impacts.
Any powers being sought to acquire land or rights over property.
Communities will be able to examine the proposals in greater detail and identify the issues they may wish to raise during the formal examination process.
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The acceptance stage is primarily an administrative process in which the Planning Inspectorate checks whether an application meets the requirements to proceed to examination.
It is not the stage at which the Planning Inspectorate decides whether the development should go ahead.
Application documents will be made publicly available, allowing residents, businesses and community organisations to begin reviewing the proposals and identifying matters of concern.
If an application is accepted, the scheme promoter must publicise this and explain how people can register to participate in the examination process.
Heathrow Expansion Watch will provide information on submitted proposals, and will continue to act independently, monitoring whether community voices have been fairly reflected in any application, as well as providing support to communities with preparing for the next stage: the public examination of any proposal.
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If the Planning Inspectorate accepts an application, it moves into the pre-examination stage. During this stage, communities can register as interested parties and prepare to participate in the formal examination of the proposals.
To come
6
Pre-Examination phase: registration of Interested Parties
When:
After an application is accepted. Registration typically lasts around 5 to 6 weeks.
Having your say:
Yes. Register as an Interested Party before the published deadline.
Once the Planning Inspectorate accepts the DCO application, the application enters the pre-Examination stage. This is a key opportunity for individuals, community groups, local authorities, and other stakeholders to register as “Interested Parties” for the upcoming Examination of the application.
1
Registration opens
The Planning Inspectorate opens a registration period, typically lasting around 5 to 6 weeks, during which time those interested can register to participate.
2
How to register
Registration is done online, on the relevant project page on the Planning Inspectorate’s website. Registrants must provide their contact details and submit a summary (known as a Relevant Representation) outlining their main points of concern, support, or interest in the proposal.
3
Becoming an “Interested Party”
Once registered, you gain the legal status of an Interested Party.
Worth knowing
It is important to register before the published deadline. People who do not register may have fewer opportunities to participate formally in the examination.
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Once registered, you gain the legal status of an Interested Party, which entitles you to:
Submit more detailed evidence later in the process. For instance, written representations (evidence-based documents which can expand on points made in the Relevant Representation); comments on other submissions (for example, the documents produced by the Applicant at each Examination deadline); and answers to the Examining Authority’s questions.
Attend and speak at hearings; and
Receive updates from the Planning Inspectorate
Registering as an Interested Party is the best way to ensure a person can fully engage in the Examination. It is important to register before the published deadline. People who do not register may have fewer opportunities to participate formally in the examination.
Registering as an interested party does not mean someone must attend every meeting or hearing.
They can choose how actively to participate.
Heathrow Expansion Watch will provide independent information to help communities understand how to register, and will signpost and explain the process of the application in a clear, impartial manner.
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The Government’s guidance on the examination of DCOs says the relevant representation must include the interested person’s “... main case in respect of the application, setting out matters of concern, identifying the key points and reasons relied upon to support them and, where possible, any suggested mitigation. A relevant representation submitted at the pre-examination stage, will include, where practicable, the full particulars of the case which the person proposes to make in respect of the application...” (Planning Act 2008: Guidance on the examination stage of an application (MHCLG, July 2026, paragraph 3.12)).
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Before the Examination begins, the Examining Authority will be appointed. The Examining Authority will consist of a panel of inspectors, appointed by the Planning Inspectorate, to scrutinise the application for development consent. The main role of the Examining Authority is to conduct an inquisitorial examination of the proposed NSIP and to subsequently prepare a report and recommendation on the application to the relevant Secretary of State, who makes the final decision.
After the deadline for registering as an Interested Party has closed, the Examining Authority will review the Relevant Representations and, after around three to six weeks, they will publish a letter under Rule 6 of the Infrastructure Planning (Examination Procedure) Rules 2010. It is known as “the Rule 6 letter”. It will:
Invite registered Interested Parties to attend the Preliminary Meeting (this will include the time, date, venue, and instructions for registering to join in-person or online);
Include a draft Examination timetable (this sets out a series of strict deadlines for the 6-month Examination, explaining when documents must be submitted and when hearings will take place);
Set out the Initial Assessment of Principal Issues (or “IAPI”) (here, the Examining Authority will identify the subjects they intend to focus on during the Examination).
The Preliminary Meeting is a formal procedural event held at the end of the pre-examination stage. Its purpose is to discuss and finalise how the application will be examined. IAPI will usually form an agenda item, allowing parties to comment on them and raise other issues. The timetable and other important procedural details will also be discussed. It is not an opportunity to discuss the merits of an application.
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After the Preliminary Meeting is closed, the ExA will publish the Rule 8 letter, which finalises the dates which were set out in draft in the Rule 6 letter. The 6-month DCO Examination period begins the day after the Preliminary Meeting closes.
To come
7
Examination of the DCO application
When:
Lasts 6 months, starting the day after the close of the Preliminary Meeting.
Having your say:
Yes, for Interested Parties: written representations and hearings.
The Examination is the review stage for DCO applications. It is primarily a written process, though there will be hearings.
Three kinds of hearing
Issue-Specific Hearings
For complex or technical matters.
Compulsory Acquisition Hearing
For anyone who owns land, holds rights over land, or has an interest in land the Applicant is seeking to acquire or use temporarily.
Open-Floor Hearings
An opportunity for the public to speak on matters included in their Relevant Representation.
Worth knowing
Every deadline in the Examination timetable is strict, and it is important that a document is submitted by the relevant deadline. To participate as a speaker at a hearing, it is essential to register in advance.
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The Examination is the review stage for DCO applications. It lasts 6 months, starting the day after the close of the Preliminary meeting and the running order is set out in the Rule 8 letter. Every deadline in the Examination timetable is strict, and it is important that a document is submitted by the relevant deadline. The process is open and all documents are published on the project’s webpage on the Planning Inspectorate’s website.
The Examination is different from (say) a planning inquiry or to court proceedings. There is no need to prepare a proof of evidence or witness statement, and there is no sworn evidence or cross-examination. The process is inquisitorial rather than adversarial and is primarily a written process (though there will be hearings).
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Local Impact Report (“LIR”) – the LIR is produced by the relevant local authority and explains the project’s impact on the authority’s area. The Examination timetable requires these to be submitted at an early deadline.
Written Representations (“WR”) – an Interested Party can set out its case in full in the WR. Again, the Examination timetable requires these to be submitted at an early deadline.
Written Questions – the Examining Authority will usually issue at least one round of written questions. They can be asked to the Applicant or an Interested Party and there will be a deadline for the response. At the following deadline, the Interested Party can reply to the Applicant’s response and vice versa.
Statements of Common Ground (“SOCG”) – the Applicant will take the lead in preparing these documents which are usually produced for key stakeholders (such as affected local authorities and statutory undertakers). The SOCG should set out areas of agreement and disagreement, and different versions will be submitted during the Examination.
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While the focus of the Examination is on written documents, there will be hearings:
Issue-Specific Hearings or ISHs – for complex or technical matters (for instance: environmental matters, noise, traffic, the draft development consent order, socio-economic impacts of the project etc.);
Open-Floor Hearings – less technical than the ISH, these are an opportunity for the public to speak on matters included in their Relevant Representation. Participants are usually allocated a 5-minute slot to speak and they will usually focus on personal or local impacts;
Compulsory Acquisition Hearing (“CAH”) – an affected person (i.e. anyone who owns land, holds rights over land, or has an interest in land the Applicant is seeking to acquire or use temporarily) has a legal right to demand a CAH. As well as affected persons, the Applicant will participate and will present the strategic case for compulsory purchase powers. Local authorities whose areas are affected by the project and statutory undertakers whose infrastructure or land are proposed to be acquired usually participate as well.
Hearings are usually blended events, including in-person and online participation. To participate as a speaker, it is essential to register in advance. Hearings are conducted in public and members of the public and journalists often attend.
The Examining Authority will ask speakers to submit a written summary of their oral representations by a specific deadline.
Heathrow Expansion Watch will provide independent information to help communities understand the examination process, follow key developments and identify opportunities to participate.
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The evidence presented, questions asked, and representations made will shape the Examining Authority’s recommendation to the Secretary of State on whether to approve an application for development consent.
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Once the examination has concluded, the Examining Authority considers the evidence and prepares a report setting out its findings and recommendations to the Secretary of State.
The Examining Authority does not make the final decision on whether development consent should be granted, that is for the Secretary of State for Transport.
To come
8
The Examining Authority prepares its report and recommendation to the Secretary of State
When:
Three months from the close of the Examination.
Having your say:
Generally closed, unless the Secretary of State requests more information.
The Examining Authority considers the evidence presented during the Examination and prepares a detailed report and recommendation for the Secretary of State.
Worth knowing
The Examining Authority makes a recommendation, not the final decision. That responsibility rests with the Secretary of State for Transport.
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After the conclusion of the Examination, the process moves to the reporting stage. This is when the Examining Authority considers the evidence presented during the Examination and prepares a detailed report and recommendation for the Secretary of State.
The report will recommend whether development consent should be granted or refused and may recommend changes to the proposed Development Consent Order (DCO).
The Examining Authority has three months from the close of the Examination to write and submit its report. The report is sent directly to the Secretary of State for Transport and is usually not published or shared with any of the participants until the Secretary of State publishes its Decision Letter.
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This stage brings together the evidence and representations submitted throughout the examination, including those from residents, community organisations and local authorities.
The Examining Authority’s report will consider the issues raised during the examination, including potential impacts on homes, health, the environment, transport, local communities and the local economy.
It will also assess the measures proposed to address adverse impacts and identify any outstanding matters relevant to the decision.
For communities, this is an important step because the findings and recommendations will help inform the Secretary of State’s final decision on whether the proposed development should proceed.
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The formal examination has now closed, so there is generally no further opportunity to submit new evidence or representations directly to the Examining Authority.
However, the Secretary of State may request additional information or clarification before making a final decision.
Where new information is requested, affected parties may be invited to respond or comment within a specified period.
Communities can continue to follow developments through the Planning Inspectorate’s website, where relevant updates and requests for further information will be published.
Heathrow Expansion Watch will continue providing independent information to help communities understand the process, follow developments and identify any further opportunities to participate.
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The Examining Authority submits its recommendation report to the Secretary of State, who considers the findings alongside the relevant national planning policies and other legal requirements.
The Secretary of State then decides whether to grant or refuse development consent.
To come
9
Secretary of State’s decision
When:
Within 3 months of receiving the report. The deadline can be extended.
Having your say:
No. A decision can be challenged only by judicial review, within 6 weeks.
After the Examining Authority has sent the report and recommendation to the Secretary of State, the DCO application will be determined by the Secretary of State. This is when consent will be granted or refused.
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The Secretary of State’s decision will be included in a Decision Letter and, if consent is granted, development consent will be included in the DCO. When the Decision Letter and DCO are published, the Examining Authority’s report and recommendation will be published at the same time.
If development consent is refused, the applicant cannot proceed with the expansion as proposed in its DCO application.
The Secretary of State will receive the Examining Authority’s report and recommendation, which must be sent within three months of the close of the examination. The Secretary of State will determine the application in accordance with any relevant NPS.
The decision must be made within 3 months of receiving the Examining Authority’s report and recommendation; however, the Secretary of State is also empowered to extend the decision deadline and this can be done more than once. If the deadline is extended, the Secretary of State must make a statement to Parliament and publish a corresponding statement.
Heathrow Expansion Watch will publicise any decision and explain what it means.
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A decision to grant a DCO or to refuse an application for development consent can be challenged only by means of a claim for judicial review made within 6 weeks of the day after the DCO (or the Decision Letter, whichever is later) is published or, in the case of refusal, within 6 weeks of the day after the Decision Letter for the refusal is published.
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If development consent is granted, the scheme promoter can begin preparing to implement the approved development, subject to the requirements and restrictions contained in the DCO and any other necessary approvals.
If consent is refused, the scheme promoter would need to consider its options, which could include revising its proposals and submitting a new application.
To come
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Implementation in line with requirements
When:
After development consent is granted.
Having your say:
Yes, as construction progresses, and through the separate airspace change process.
If the Secretary of State grants development consent for a DCO application, the process moves into implementation. The project can start to be delivered, but only in accordance with the DCO and its “requirements”.
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If the Secretary of State grants development consent for a DCO application, the process moves into implementation. At this stage, the project can start to be delivered, but only in accordance with the DCO and, in particular, its “requirements”, which are the DCO equivalent of planning conditions. Requirements are usually discharged by the local planning authority in whose area the project is located, often following consultation with bodies such as the local highway authority, National Highways, Natural England, or the Environment Agency, depending on the subject matter of the requirement.
For those whose land is subject to compulsory acquisition, once the DCO is made and in force, the applicant holds a legal right to acquire the land. Generally, an applicant will have five years from the date on which the DCO comes into force to execute these powers.
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Although the DCO decision will have been made, communities may still have opportunities to engage as construction and implementation progress.
Residents and community organisations can:
Review the approved DCO and supporting documents to understand the requirements and safeguards that apply.
Raise concerns about construction activities, environmental impacts or potential breaches of approved requirements.
Engage with the scheme promoter and relevant authorities through any established community liaison or complaints arrangements.
Participate in consultations on proposed changes to aircraft flight paths, where applicable.
Follow published monitoring information to understand whether agreed environmental measures are being implemented.
The airspace change process is separate from the DCO process and provides opportunities for communities to comment on proposed changes to flight paths before decisions are made. Find out more about the airspace change process.
Heathrow Expansion Watch will continue helping communities understand these developments and identify opportunities to engage as the expansion programme progresses.
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This is when the real-world impact of any expansion would become visible. It is critical that if expansion happens, construction is delivered in a sensitive and responsible way.