Advice to Jacobs

Enquiry

• From: Jacobs
• Date advice given: 19 August 2010
• Enquiry type: Email

Planning permission has already been granted for construction of 9 underground gas storage caverns (approx total capacity 420Mscm) although construction has not commenced yet. The project now needs to add a tenth cavern (currently planned capacity of 47Mscm). My understanding is that this extra 47Mscm would trigger a requirement for IPC application. The question is, if the capacity of the tenth cavern were reduced to below 43Mscm (the change threshold in the 2008 Planning Act) would this then be exempt from IPC consideration?

Advice given

The advisory service we provide is primarily concerned with the procedural aspects of the new planning regime . As you may appreciate, it is outside of our remit to advise whether a proposal is a Nationally Significant Infrastructure Project (NSIP), and if it is what should be included within any such application. We also unable to advise on the merits of any particular application or proposed application.

An applicant or potential applicant must be satisfied that the thresholds (for Underground gas storage facilities these are set out in section 17 of the Planning Act 2008 (the Act)), other provisions within the Act and the Regulations made under it have been met and complied with as appropriate. We would therefore suggest that you seek your own legal advice upon which you can rely.