Advice to Biofuelwatch
Back to listEnquiry
- From
- Biofuelwatch
- Date advice given
- 23 January 2012
- Enquiry type
- Phone
The caller referred to Uskmouth Power Station, querying whether any future proposal for conversion would be examined by the IPC.
Advice given
Whether something is or forms part of a Nationally Significant Infrastructure Project (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 of the case. For generating stations s.15 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 an 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 s.51 advice please visit our website at http://infrastructure.independent.gov.uk/wp-content/uploads/2010/03/Policy-on-s.51-advice-giving.pdf