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Advice to Cheshire East Council

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Enquiry

From
Cheshire East Council
Date advice given
6 June 2014
Enquiry type
Email

I am due to provide some initial pre-application advice to a developer who is looking at undertaking a geothermal energy scheme to put the resulting hot water generated through a CHP to create electricity for local businesses. I have looked at the Planning Act 2008 and it states that a generating station over 50MW would be deemed a nationally significant infrastructure project to be determined by yourselves. I cannot however find any definition of what is meant by the term ‘generating station’ and therefore need clarification as to whether the geothermal energy scheme would be classified as a nationally infrastructure project if it were to be over the 50MW threshold.

Advice given

Section 15(2) of the Planning Act 2008 (the PA2008) provides that an ‘onshore’ 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. You will note from s15(3) that different criteria apply in the offshore environment.

As you correctly identify the body of the PA2008 does not define what is meant by the term ‘generating station’; however, the explanatory note to section 15 does state that generating station has the same meaning as in s36 of the Electricity Act 1989 (the EA1989). For your convenience I provide below links to both the PA2008 explanatory notes, and to the EA1989.

PA2008 explanatory notes: http://www.legislation.gov.uk/ukpga/2008/29/notes/contents

EA1989: http://www.legislation.gov.uk/ukpga/1989/29/contents

I would emphasise that the content of this email does constitute legal advice upon which you or a developer should rely, and that the Planning Inspectorate is only able to determine whether development consent is required for a project under s55 of the PA2008 once an application has been formally submitted.

As you have anticipated however, we are able to issue free pre-application advice in relation to the NSIP applications. For a scheme that the Inspectorate has not been formally notified of, further enquiries in relation to it should be sent enquiries@pins.gsi.gov.uk.