1. Introduction
1.1. On 5th February 2015 the Court of Appeal
have delivered their judgement in the R (oao FCC Environment
(UK) Ltd) v Secretary of State for DECC [2015] EWCA Civ 55
wherein the Court of Appeal ruled on the extent that a DCO
applicant is entitled to rely on a National Policy Statement's
expression of national "need" for a class of project in
making out the "compelling reasons in the public
interest" necessary to be granted Compulsory Acquisition
Powers ('CPO').
1.2. This briefing note looks at the main legislative provisions
and considers the implications of the judgement on applicants
preparing to submit a DCO application which includes a request for
CPO.
1.3. The case relates to the, now abolished, IPC's decision
to grant the first Development Consent Order to Covanta in respect
of their Rookery South Energy from Waste generating station and
resource recovery facility.
