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Advice to Loraine Read

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Enquiry

From
Loraine Read
Date advice given
13 October 2011
Enquiry type
Phone

The caller enquired into the detail of any thresholds set out in the Planning Act 2008 relevant to a new reservoir which would lead to the development constituting a Nationally Significant Infrastructure Project.

Advice given

Whether something is or forms part of an NSIP depends on whether the development concerned falls within the definitions in sections 14-30 of the Planning Act 2008 (PA 2008), and this will depend on the facts. For dams and reservoirs s.27 will also need to be considered and the conditions met if the proposed development is to fall within s.14.

If the proposed development does fall within s.14 of the PA 2008 then s.31 of PA 2008 applies, i.e. development which is or forms part of an NSIP requires development consent.

The IPC cannot advise on whether a proposal constitutes a Nationally Significant Infrastructure Project (NSIP) requiring development consent. It is for developers to take their own legal advice upon which they can rely.

For further information on the IPC's policy on giving Section 51 advice please visit our website at http://infrastructure.independent.gov.uk/wp-content/uploads/2010/03/Policy-on-s.51-advice-giving.pdf.