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Advice to Bill Hoodless

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Enquiry

From
Bill Hoodless
Date advice given
11 June 2014
Enquiry type
Email

Enquiry about Best Available Technology Not Entailing Excessive Cost (BATNEEC). "I should be grateful to know where this method or its equivalent for National Infrastructure is covered in the legislation, whether it is in the Planning Act or elsewhere."

Advice given

The concept of Best Available Technology Not Entailing Excessive Cost (BATNEEC) has been replaced by that of Best Available Techniques (BAT), emanating from Directives of the European Parliament and Council. The most recent relevant Directive being Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), more commonly known as the Industrial Emissions Directive 2010.

It should also be noted that the Marine Management Organisation (MMO) is the UK Government?s expert body on marine management and as such it has important roles to play under the 2008 Act regime in relation to proposed NSIPs in the marine area.

Statutory nature conservation agencies are able to advise on current best practice relating to matters within their statutory functions. The Planning Inspectorate?s Advice Note Eleven ?Working with public bodies in the infrastructure planning process? (including its annexes) summarises the roles of the MMO and of certain other public bodies. Links to Advice Note Eleven (and its annexes) are provided below:

http://infrastructure.planningportal.gov.uk/wp-content/uploads/2013/04/Advice-note-11-v2.pdf

http://infrastructure.planningportal.gov.uk/wp-content/uploads/2013/04/Advice-note-11-Annex-A-CCW.pdf http://infrastructure.planningportal.gov.uk/wp-content/uploads/2013/04/Advice-note-11-Annex-B-MMO.pdf http://infrastructure.planningportal.gov.uk/wp-content/uploads/2013/04/Advice-note-11-Annex-C-Natural-England.pdf http://infrastructure.planningportal.gov.uk/wp-content/uploads/2013/04/Advice-note-11-Annex-D-EA.pdf http://infrastructure.planningportal.gov.uk/wp-content/uploads/2013/04/Advice-note-11-Annex-E-EH.pdf

The Planning Inspectorate is unable to provide you with legal advice. If you feel you require legal advice on this or any other matter please seek this independently