A1 Northumberland DCO revoked from 14 November 2025

You may have seen that the government has signed a statutory instrument to revoke the A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024. The order was made on 13 November 2025 and takes legal effect on 14 November 2025. In this explainer, we walk you through what a DCO is, how a revocation works, and why the phrase “exceptional circumstances” matters for teachers, students and anyone following planning law.

First, the basics. A Development Consent Order (DCO) is the permission major projects need in England and Wales when they are classed as Nationally Significant Infrastructure Projects. A DCO rolls multiple consents into one legal document and can also give the promoter powers like compulsory acquisition. Applications are examined by the Planning Inspectorate and decided by the relevant Secretary of State. Government guidance and the Planning Inspectorate’s glossary are good plain‑English starting points.

For this scheme, development consent was granted on 24 May 2024 for upgrades along the A1 between Morpeth and Ellingham. That decision followed an examination and a Planning Inspectorate announcement confirming consent had been given. The Department for Transport later published a notice, on 7 August 2025, proposing to revoke that consent and inviting representations before a deadline.

So how can a DCO be revoked? The power comes from the Planning Act 2008. Schedule 6 allows the Secretary of State to change or revoke a DCO. Usually there is an application, but ministers can also act without one in limited situations. Where a DCO was made as a statutory instrument, any revocation must also be made as a statutory instrument. The 2011 Regulations set out who must be notified and how publicity is carried out before a final decision.

You will have spotted the phrase “exceptional circumstances” in the official notice. The Act does not spell out an exhaustive definition. Instead, it gives two routes for acting without an application: where carrying on with the DCO would breach specified law or Convention rights, or where there are other exceptional circumstances that make revocation appropriate. This is a high‑bar judgment that must be reasoned and can be tested in court. The Explanatory Notes to the Act underline this framework.

What does revocation change on the ground? In simple terms, the 2024 DCO no longer has effect from 14 November 2025, so the special powers it granted (for example, to acquire land compulsorily or to build particular works) cannot be used under that order. The law also says that works already lawfully carried out under a DCO are not undone by a revocation, though ministers have powers to require removal in some circumstances. The Department for Transport’s published notice explains the proposed revoking order and confirms the procedural steps it followed.

If you are thinking about challenge rights, there is a clear route and timetable. Legal challenges go to the High Court by judicial review. The Planning Act sets a strict time limit: claims must be filed within six weeks, counted from the day after the revocation order is published. This short window exists to give certainty to communities, promoters and public bodies alike. If your class is studying public law, this is a live example of how time limits work.

Why we’re covering this. DCOs are designed to streamline decisions on nationally important schemes, but they also carry safeguards. The “exceptional circumstances” power is one of those safeguards, used rarely and only with reasons, consultation and a right to challenge. For learners, the A1 case is a practical way to see statutes, secondary legislation and departmental notices working together in real time.