Advice to Milton Keynes Partnership

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Enquiry

From
Milton Keynes Partnership
Date advice given
6 January 2011
Enquiry type
Phone

Would a pair of oil pipelines, 7200m in length constitue as an NSIP. The two pipe lines are 10 and 12 inches wide and will be located in the Milton Keynes area.

Advice given

If the 7200m pipelines you enquired about are to transport oil not gas you need to check whether they fall within the threshholds in s21 of the 2008 planning act (the act) so you can decide whether or not they would be considered an NSIP (nationally significant infrastructure project). The construction of a pipeline which is not a gas transporter pipe-line is an NSIP if it meets the requirements in s21. It must be a pipe-line as defined in the Act and under s235 of the act ‘pipe-line’ has the same meaning as the 1962 Pipe-lines act. In s65 of the 1962 pipe-lines act pipe-line is defined as "a pipe (together with any apparatus and works associated therewith), or system of pipes (together with any apparatus and works associated therewith), for the conveyance of any thing other than air, water, water vapour or steam". There are some exceptions to this definition and you would need to look at s65 (a) to (f) to check whether any of these apply. If the proposed pipe-lines are pipe-lines as defined in s65 you would then need to check whether the pipe-lines are expected to be "cross-country" pipe-lines which would require authorisation under section 1(1) of the Pipe-lines Act 1962. Under s66(c) of the Pipe-lines Act a ‘cross-country pipe-line’ means a pipeline whose length exceeds, or is intended to exceed 16.093 kilometres (ten miles). The pipelines you described to us were under [ten miles] so would not meet the requirements in Section 21 (a) and (b).

It will be for the promoter of any scheme to determine whether its proposal is an NSIP and for it to take its own legal advice on which it can rely. This communication does not constitute legal advice upon which you can rely and you should note that IPC lawyers are not covered by the compulsory professional indemnity insurance scheme. You should also obtain your own legal advice and professional advice as required.