Advice to Penspen Ltd

Enquiry

• From: Penspen Ltd
• Date advice given: 8 December 2010
• Enquiry type: Email

Query is in relation to whether a proposed application for a DCO (a gas-fired power station/compressor station/wellhead and a cross-country pipeline (more than 10 miles long), is to be classified as one National significant infrastructure projects (NSIP) application under the Planning Act 2008 (the Act) or as two separate NSIP applications.

Advice given

Dear Mr Key, Further to my email to you of 8 December 2010 I am now in a position to reply. I should point out that section 51 of the Planning Act 2008 (the Act) gives the Infrastructure Planning Commission (IPC) the power to give advice about applying for an order granting development consent or making representations about an application or proposed application for such an order. We publish advice given under section 51of the Act on our website and update this 'Register of Advice' on a weekly basis. Your query is in relation to whether your client's proposed application for a DCO (a gas-fired power station/compressor station/wellhead and a cross-country pipeline (more than 10 miles long), is to be classified as one National significant infrastructure projects (NSIP) application under the Planning Act 2008 (the Act) or as two separate NSIP applications. May I refer you to Part 3 (section 14-35) of the Planning Act 2008, which provides a definition of which projects are classified as NSIPs. Further definition to which you may refer is also contained in section 15 'Generating Stations' and section 20 'Gas transporter pipe-lines' of the Act. Where separate elements of a proposal both require development consent, it would usually be sensible to submit them as one application to the IPC, including one EIA, covering impacts of the combined proposal. As one element of your client's proposal involves the construction of a cross country pipeline and assuming that the applicant has established that the proposal would come under the remit of the IPC as a NSIP, section 33 (1)(C) 'Effect of requirement for development consent on other consent regimes' and Schedule 2 section 5-7 of the Planning Act 2008 may be relevant to you enquiry. Please see the link to the Planning Act 2008 on the IPC website; http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/ukpga_20080029_en.pdf You may also wish to give consideration to which elements of the project (however described) are integral to the proposed NSIP and which (if any) are 'associated development' (under section.115(2) or are ancillary matters. CLG have published Guidance on 'associated development' which is available on our website (see link below) and a (non-exhaustive) list of ancillary matters are set out in Schedule 5 of the Act. http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/guidanceassocdevelopment.pdf I would like to re-emphasis that to progress this project it is for the applicant to seek their own legal advice in order to determine whether their project constitutes a NSIP and also whether it is one application or two. I should inform you that the IPC is unable to give legal advice upon which applicants (and others) can rely, nor can we advise on the merits of applications for development consent orders (DCOs) or proposed such applications. We would therefore suggest that you take your own legal advice upon which you can rely. Having had regard to this advice, should you wish to set out in more detail your proposed approach, including further details of the proposal , then I would be please to provide further advice. Please do not hesitate to contact me should you require any further information in relation to this matter.