Meeting with EDF Energy NNB
Back to listEnquiry
- Meeting with
- EDF Energy NNB
- Date of meeting
- 16 February 2011
- Enquiry type
- Meeting
Whether the proposed temporary accommodation campuses can lawfully be included within the Hinkley Point C application as associated development under s115(2) of the Planning Act 2008 (the Act) .
Advice given
Further to your request for s51 advice the IPC has carefully considered whether the proposed temporary accommodation campuses can lawfully be included within the Hinkley Point C application as associated development under s115(2) of the Planning Act 2008 (the Act) . We have previously explained that IPC staff are unable to provide a definitive ruling on whether the accommodation campuses comprises associated development, however, we have considered the legal position and are providing you with advice under s51 of the Act without prejudice to any subsequent decision on the application for development consent to be made either by the IPC or the Secretary of State in due course. Under the terms of s115(6) when deciding whether development is associated development a Panel or the Council of the IPC must have regard to any guidance issued by the Secretary of State. The DCLG Guidance on associated development (the Guidance) cannot provide a definitive interpretation of the statute , however we consider that the guidance in paragraph 10 sets out matters which are reasonably within the range of the meanings of 'associated', having regard to the statutory words and context . We consider on the facts available to us set out in your Draft Accommodation Strategy for the project that it would be reasonable for the IPC to conclude that the accommodation campuses are: ? not an aim in themselves and are subordinate to the nationally significant infrastructure project (NSIP) development; ? are necessary for the development on the basis that the campuses can reasonably be regarded as necessary rather than comprising a free-standing development being promoted under the cover of an NSIP; and ? in comparable local circumstances accommodation is normally brought forward with large infrastructure projects generally and nuclear generating stations in particular. We have also considered the test in s115(2)(b) of the Act and consider that the accommodation campuses are not 'dwellings' within the meaning of that subsection but are of the nature of hostels, or sui generis accommodation, of a temporary nature . The temporary period is not a short one but it is clear that the campuses are not intended to be permanent accommodation. We have noted that the terms 'dwelling' and 'dwelling-house' are both used in the Act and consider the difference is semantic rather than substantive. We have exercised caution in considering interpretations given to the concept of a dwelling found in another context or other legislation, however, we consider it is relevant that the Act is closely related to the Town and Country Planning Act 1990 (TCPA 1990) and the concepts used there . It is our view that Parliament intended to echo the meaning of the term within the general planning legislation and that it would be desirable to take a consistent approach. Therefore on the facts available to the IPC we consider it can reasonably be concluded that the accommodation campuses here are not 'dwellings' and can be considered to be associated development. In particular we note the description of the accommodation, the provision of single rooms, and communal catering, laundry and leisure facilities.