Advice to Jones Lang Lasalle

Enquiry

• From: Jones Lang Lasalle
• Date advice given: 17 October 2011
• Enquiry type: Phone

Mr Winter queried as to whether a formal s.46 notification been received by the IPC for the Mid Wales Connection (SPEN)? and If a development for a transmission line has no end point can it be accepted by the IPC for s.46 purposes?

Advice given

Under s.46 of the Planning Act 2008 (PA2008), developers must formally notify the IPC of a proposed application on or before commencing pre-application consultation under s.42 of the PA2008. In practice, a developer can informally notify the IPC of a potential project prior to providing a s.46 notification. All proposed projects are noted on the IPC's programme of projects as listed on our website.

When a developer notifies the IPC under s.46, the developer must supply the IPC with the information that it will be supplying to s.42 consultees. It is for the developer to decide how to conduct its pre-application consultation, seeking its own legal advice where necessary.

The IPC advised that a s.46 notfication has not been received for the Mid Wales Connections (SPEN) project but it does appear on our programme of projects.

By the point of submitting an application to the IPC, developers must ensure that the application contains all of the information required under s.55 of PA2008.