Advice to Redcar & Cleveland BC

Enquiry

• From: Redcar & Cleveland BC
• Date advice given: 23 February 2011
• Enquiry type: Email

Regarding the renewal of consent for a container scheme development at Teesport known as Northern Gateway: When the original application was submitted this Council dealt with the landward works and the SOS dealt with the seaward works. The owners now consider it is unlikely that they will commence development in the life of the permission which expires next year and are therefore looking to renew the consent . I am therefore trying to establish if this Council could renew its part of the application ie the landward works The scheme when complete will handle 1.5 million TEUs Any advice would be much appreciated - if you require any further information then please contact me again.

Advice given

further to our telephone conversation, just to summarise briefly the advice given, highlighting that the IPC cannot give legal advice nor interpret legislation as that is a matter for the courts. 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 .

The applicant should therefore obtain their own legal advice (on which they can rely) as to whether unimplemented development (you mention harbour works which when complete will handle 1.5 million TEUs) fall within the definition of a nationally significant infrastructure project (NSIP) and require development consent under the Planning Act 2008 . Whether something is or forms part of an NSIP depends on whether the development concerned falls within the definitions in s14-30 of the Act and this will depend on the facts. Harbour works may fall within s24 if the conditions of that section are met. If the proposed development falls within s.14-30 then s.31 of the Planning Act 2008 applies, i.e. development which is or forms part of an NSIP requires development consent.

An application for the extension of a time limit for implementation of an existing permission would result in a new planning permission for development . Extending time limits of planning permissions was brought into force on 1 October 2009 via the Town and Country Planning (General Development Procedure) (Amendment No. 3) (England) Order 2009 to which CLG has issued guidance (http://www.communities.gov.uk/documents/planningandbuilding/pdf/1388639.pdf) which highlights at question 2 that:

"This procedure allows applicants to apply to their LPA for a new planning permission to replace an existing permission which is in danger of lapsing, in order to obtain a longer period in which to begin the development. For convenience, the procedure is referred to in this document as ‘extension’, more formally, it is an extension of time for the implementation of a planning permission by grant of a new permission for the development authorised by the original permission" .

You will need to consider if the unimplemented development does fall within the definition of an NSIP, if it does then consent under the Planning Act is needed and planning permission is not required (s.33 of the Planning Act).