1. Section 51 advice
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Advice to Tommy Gilchrist Parliamentary Assistant to the Rt Hon. Andrea Leadsom MP

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Enquiry

From
Tommy Gilchrist Parliamentary Assistant to the Rt Hon. Andrea Leadsom MP
Date advice given
29 November 2017
Enquiry type
Email

Whilst I do understand that each case would be judged on its individual merits, for example there must surely be a point at which the cumulative impact of two schemes competing for rail connectivity on a stretch of track that is already nearing capacity is considered. If, as is widely thought to be the case, the West Coast Main Line could only handle the freight paths for one additional SRFI in the area, if one SRFI application is granted a DCO then any other similar proposals in the area would become “road-served” and non-compliant with the National Networks National Policy Statement. This would then remove other existing proposals from PINS’ jurisdiction. At what stage would this happen?

Advice given

In your email you refer to removing proposals from PINS’ jurisdiction and at what stage this would occur. To confirm, a proposal will be considered a nationally significant infrastructure project (NSIP) if it meets the thresholds set within the Planning Act 2008 (as amended). A decision to grant a development consent order for one project will not therefore remove the NSIP ‘status’ of another project.

It is for Applicant’s themselves to decide whether or not to progress with submitting their application for a development consent order under the Planning Act 2008 (as amended). The Planning Inspectorate would deal with any submitted application(s) [as detailed in our previous advice dated 2nd November 2017].