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Advice to SLR Consulting Ltd

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From
SLR Consulting Ltd
Date advice given
2 June 2011
Enquiry type
Email

I have submitted a planning application for a Biomass CHP facility. The facility will generate up to 25MWe and up to 35MWth (low grade steam).

The planning authority are unsure as to whether the application should have been submitted to the IPC as they think the plant may be generating more than 50MW. However, my understanding was that it was the primary i.e. electrical output of the facility that had to be under 50MW and that the thermal power, from the steam, doesn’t count. Therefore, I believe this application was correctly submitted to the County Council as it will have only a 25MWe output per annum.

Please could you clarify whether it is just the MWe that has to be below 50MW per annum, or whether the MWth should also be included?

Advice given

As per section 15 (2) of the Planning Act 2008 ("The Act") a generating station would be considered a Nationally Significant Infrastructure Project (NSIP) if the following criteria is met;

(a) it is in England or Wales, (b) it is not an offshore generating station, and (c ) its capacity is more than 50 megawatts.

On the basis of the information provided, having regard to and applying that information to the Planning Act 2008 it is considered that the proposed Biomass CHP facility (which will have the capacity to generate 25MWe) falls below the threshold in Section 15 of the 2008 Act. Our understanding is that "capacity" has the same meaning as in the Electricity Act 1989 - namely electricity generating capacity.

However the IPC does not have power to give a legally binding determination as to the need for development consent and we strongly advise applicants to seek their own legal advice on which they can rely.

This communication is without prejudice to determination of any offence in relation to s160 of the Planning Act 2008 (development without development consent). The planning authority will also need to satisfy itself that it has powers under the Town and Country Planning Act 1990 to determine the application.