Advice to Freedom Group

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Enquiry

From
Freedom Group
Date advice given
3 September 2010
Enquiry type
Email

Query from company Freedom Group who are looking at opportunities to provide consents services to utility companies. Worked with National Grid and Transco in the past and wanted to make sure we had a correct understanding of the IPC.

It would appear that it does not have any involvement in projects wholly in Scotland?

We are also interested in ‘Carbon Capture’ pipelines; these would seem to be outside of the IPC’s control also, as the IPC seems to have an interest in Gas Supply pipes of 800mm and above that supply customers. Carbon Capture would of course not supply anyone.

Clairification sought that the above is the correct interpretation of the role of the IPC.

Advice given

Thank you for your query dated Tuesday 31 August regarding Carbon Capture pipelines and the remit of the IPC in Scotland; I have the following information for you:

The IPC's remit within Scotland is prescribed under Section 21 of the Planning act 2008 ("the Act") as:

Other pipe-lines

(1) The construction of a pipe-line other than by a gas transporter is within 14(1)(g) only if (when constructed) the pipe-line is expected to be- (a) a cross-country pipe-line, (b) a pipe-line the construction of which would (but for section 33(1) of this Act) require authorisation under section 1(1) of the Pipe-lines Act 1962 (c.58) (cross-country pipe-lines not to be constructed without authorisation), and (c) without subsection (2). (2) A pipe-line is within this subsection if one end of it is in England or Wales and - (a) the other end of it is in England or Wales, or (b) it is an oil or gas pipe-line and the other end of it is in Scotland.

The IPC would only consider applications for pipelines that fall within sections 20 and 21 of the planning act 2008; section 20 is detailed below:

Gas transporter pipe-lines

(1) The construction of a pipe-line by a gas transporter is within section 14(1)(f) only if (when constructed) each of the conditions in subsections (2) to (5) is expected to be met in relation to the pipe-line

(2) The pipe-line must be wholly or partly in England.

(3) Either - (a) the pipe-line must be more than 800 millimetres in diameter and more than 40 kilometres in length, or (b) the construction of the pipe-line must be likely to have a significant effect on the environment.

(4) The pipe-line must have a design operating pressure of more than 7 bar gauge.

(5) The pipe-line must convey gas for supply (directly or indirectly) to at least 50,000 customers, or potential customers, of one or more gas suppliers.

(6) In the case of a pipe-line that (when constructed) will be only partly in England, the construction of the pipe-line is within section 14(1) (f) only to the extent that the pipe-line will (when constructed) be in England.

(7) "Gas supplier" has the same meaning as in Part 1 of the Gas Act 1986 (c.44) (see section 7A(11) of that Act).

We appreciate that you are looking for clarification about the Commission's jurisdiction. However, whilst the Commission has a power under s51 of the Act to give advice about the general process for applying for an order granting development consent, or making representations about an application (or proposed application) for such an order, we are unable to provide a legal opinion as to whether development consent is required or on the interpretation of legislation. The Commission is only able to formally determine whether Development Consent is required for a project when we consider whether an application should be accepted under s55 of the Act.

We strongly advise applicants to seek their own legal advice on which they can rely. You are therefore encouraged to seek your own legal opinion as to whether development consent is needed on the basis that the proposed scheme falls within the relevant sections as above. Without prejudice to consideration of any NSIP application which may be submitted we will subsequently be pleased to offer any further comment as appropriate on such a justification.

I have attached a link to the IPC's policy on giving section 51 advice:

http://infrastructure.independent.gov.uk/wp-content/uploads/2010/03/Policy-on-s.51-advice-giving.pdf

And a link to the Planning Act 2008:

http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/ukpga_20080029_en.pdf