Advice to Undine Scientific

Enquiry

• From: Undine Scientific
• Date advice given: 9 May 2011
• Enquiry type: Phone

Mr Smurthwaite enquired about the definition of extension under the Planning Act 2008 (the Act).

Advice given

Further to our discussion on the phone on the 9th May 2011, please see below for advice given previously to Norfolk County Council regarding the definition of extension under the Planning Act 2008. The enquiry concerned whether Development Consent would be required for a change in the method of electricity generation for a generating station above 50MW.

“[The definition of extension] is set out in s.235 (1) of the Act which states that it has the meaning given by s.36 (9) of the Electricity Act 1989. This states that: ' “extension”, in relation to a generating station, includes the use by the person operating the station of any land (wherever situated) for a purpose directly related to the generation of electricity by that station'”

This advice was given on the 10th March 2011, and can be found by searching “extension” on the Register of Advice on our website. Similar advice can also be found.

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, which is a matter that only the Courts can determine. We strongly advise applicants to seek their own legal advice on which they can rely.