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Advice to Elspeth Wrigly

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Enquiry

From
Elspeth Wrigly
Date advice given
9 February 2011
Enquiry type
Phone

Caller wanted information on the interaction between the Planning Act 2008 regime and existing offshore consenting regimes.

Advice given

An offshore generating station is considered a Nationally Significant Infrastructure Project under the 2008 Act if its generating capacity is expected to exceed 100MW. Any such station would require development consent under the 2008 Act. Under s148 of the Act, a s34 Coastal Protection Act consent can be deemed within a development consent order (DCO). Likewise, a licence under Part 2 of the Food and Environment Protection Act 1985 can be deemed within a DCO under s149 of the 2008 Act.