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Advice to Wrexham County Borough Council

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Enquiry

From
Wrexham County Borough Council
Date advice given
8 March 2013
Enquiry type
Email

Is there scope for a potential windfarm project to be dealt with as 1 infrastructure project rather than being split up into 3 planning applications?

Advice given

The threshold in the Planning Act 2008 for onshore generating stations in England is a capacity more than 50MW, as stated in Section 15(2). A Development Consent Order could not be issued for a scheme below that threshold nor could a local authority grant permission for a scheme of that threshold and above.

There is provision in the Planning Act 2008 in Section 35 for the Secretary of State to consider directing a scheme to be treated as development for which development consent is required, effectively determining the proposal under the Planning Act 2008 regime.

You are advised to seek legal advice on any of these matters.