Advice to Paul Grace
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- From
- Paul Grace
- Date advice given
- 17 October 2011
- Enquiry type
Could I please check a point with you on application documents.
Regulation 6 of the infrastructure planning (Applications: Prescribed Forms and Procedure) Regulations 2009 relates to "matters prescribed in relation to applications for specific types of projects". Reg 6(4) states that "if the application is for the construction of a pipeline, it must be accompanied by details of:- [details of pipeline?]". Essentially, this is a requirement for the submission of what is known as a "pipeline statement". Each sub-paragraph in Regulation 6 is then specific to a particular class of (NSIP) (e.g. 6(1) relates to a generating station; 6(2) relates to highway development or construction or alteration of the railway). These sub-paragraphs essentially follow the categories of NSIP contained at Section 14(1) Planning Act 2008.
There are two categories of NSIP pipeline at section 14 - section 14(1)(f) "construction of a pipeline by a gas transporter" and section 14(1)(g) "construction of a pipeline other than by a gas transporter" (which concerns "cross country pipelines"). I confirm that the pipelines proposed for construction by Halite do not constitute NSIP within either of these categories - the Halite project is NSIP as a result of it being an underground gas storage project. The proposed pipelines forming part of the Halite project are therefore Associated Development. On that basis, it seems to us that regulation 6(4) only applies to pipelines which in themselves are classified as NSIP and therefore a statement under Reg 6(4) is not required.
Could you please confirm you agree with this.
Advice given
Thank you for your email dated the 11 October 2011.
I refer to the Introductory Project Meeting held on the 25 August 2010, in which you as promoter provided an overview of the site and proposed project; including a proposed 7km (approx) pipeline to the west of the UGS for pumping brine to the sea and a proposed 12km (approx) pipeline for gas transportation to an inter-connector to the east of the UGS.
I also refer to Schedule 1 of the Draft Development Consent Order; ?The Brine Discharge Pipeline?, works 16A to 16L and ?The NTS Interconnector Pipeline?, works 20A to 20H.
It is apparent from the above documents that the construction of pipelines forms part of the proposed application, albeit the pipelines are associated development.
We have given careful consideration to Regulation 6 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) (APFP) Regulations 2009 as it is not the IPC's intention to place onerous burdens on applicants. We acknowledge the reasoning you have used in pointing out that each sub-paragraph of Regulation 6 would appear to relate to a particular class of NSIP as contained in S.14(1), and your assertion that the pipelines would not meet the criteria for an NSIP in their own right. However, in view of the wording of Regulation 6(4) (which states that ?if the application is for the construction of a pipeline, it must be accompanied by details of: [details of the pipeline]?) it is arguable that the application is (in part) for the construction of a pipeline(s). This being the case, it would appear that Regulation 6(4) does apply. It is considered that in order to comply with Regulation 6 (4) a pipeline statement should provide the information required where applicable but does not however need to contain significant detail.