Advice to Robert Palgrave

Enquiry

• From: Robert Palgrave
• Date advice given: 2 March 2012
• Enquiry type: Email

Will a conversion of an existing coal power station, greater than 50MW, to a biomass power station, require IPC permission and an Environmental Impact Assessment?

Advice given

Dear Mr Palgrave, Thank you and apologies for a delayed response to your query dated Monday 30 January in regard to the potential conversion of the Uskmouth coal-fired power plant in South Wales to a dedicated biomass plant by the developer: Scottish and Southern Energy (SSE).

Section 15 of the Planning Act 2008 sets out the necessary thresholds for the construction or extension of a generating station which I have included for your convenience below:

'The construction or extension of a generating station is within section 14(1)(a) only if the generating station is or (when constructed or extended) is expected to be within subsection (2) or (3):

(2) A generating station is within this subsection if: (a) it is in England or Wales, (b) it is not an offshore generating station, and (c) its capacity is more than 50 megawatts.'

It is for the developer SSE to ascertain through their own legal advice whether or not the proposed conversion of the Uksmoth coal-fired power constitutes a Nationally Significant Infrastructure Project and subsequently requires a Development Consent Order to begin development. It is also for the developer to ensure it is seeking the correct consents for its proposal.

In this instance, I would suggest liaising with SSE for further information in relation to your query.

I trust the above information has been of use to you, however, if you have any further queries, please do not hesitate to contact us.