Advice to Golder Associates (UK) Ltd

Enquiry

• From: Golder Associates (UK) Ltd
• Date advice given: 23 February 2011
• Enquiry type: Email

Our client, British Sugar is currently in the process of developing a proposal to construct a bioenergy facility at its Wissington sugar beet factory at Stoke Ferry, Kings Lynn, Norfolk.

The proposed bioenergy facility would utilise biomass (pressed sugar beet pulp and syrup) generated during the existing production processes at the Wissington plant and using an anaerobic digestion (AD) process, to create biogas for energy consumption within the Wissington site, thereby reducing reliance upon external energy sources. Using AD technology to process organic materials generated at the Wissington plant would produce a sustainable energy solution for British Sugar. The Wissington plant is British Sugar’s largest UK factory, and with this a major purchaser of natural gas. The production of biogas at the Wissington plant would diversify British Sugar’s fuel supply by replacing approximately 25% of the natural gas used for the production of sugar. The biogas produced would be fed into the existing on-site Combined Heat and Power (CHP) station, which currently includes 70MWe installed generating capacity of which up to 54MWe and typically 50MWe is exported to the national grid.

British Sugar had originally envisaged that a conventional planning application, under s.57 of the Town and Country Planning Act 1990 would be submitted to Norfolk County Council for the bioenergy project. However, it has become apparent that the correct consenting procedure may be an application for Development Consent Order to the IPC under the Planning Act 2008.

I would be grateful if you would confirm the IPC’s view as to whether the correct consenting procedure for the proposed bio-energy project would be a Development Consent Order application under the Planning Act 2008.

Advice given

Thank you for your query dated 23rd February 2011 regarding a bio energy facility in Norfolk. Please see the information below which are of relevance to your query.

You will need to consider whether the proposed project constitutes development within the meaning set out in s.32 of the Planning Act 2008 ("the Act") and if so, whether that development is, or forms part of, a nationally significant infrastructure project (NSIP) under s.14 of the Act. The construction or extension of a generating station is specified in s.14 (1) (a) and s.15 (1) states that an extension to a generating station falling within section 15(2) would be considered an NSIP.

Section 15 (2) of the Act sets out the following criteria :

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

If the existing CHP plant has a generating capacity of more than 50MW you will need to consider the definition of "extension". This 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'.

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, 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.