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Advice to Adam Corbin

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Enquiry

From
Adam Corbin
Date advice given
19 February 2016
Enquiry type
Email

I wonder if you could advise me as to whether a proposed scheme in Cumbria by United Utilities should be considered as a Nationally Significant Infrastructure Project (NSIP). As I understand it, development relating to the transfer of water resources is considered to be a NSIP.

United Utilities are proposing to create a major new pipeline link from Thirlmere to Cockermouth, in Cumbria. The need for this new development is due to the abstraction licence for Ennerdale being withdrawn by the Environment Agency in 2025. At present, Ennerdale Water supplies about 80,000 people in Whitehaven and the surrounding areas.

The intention is to link West Cumbria to the regional water network by constructing a significant new pipeline from Thirlmere to West Cumbria, plus new water treatment works, pumping stations and underground service reservoirs. The main section through the Lake District will see the laying of two new 800mm pipes with an Easement width of 15m and working width of 40m.

This scheme is due to be submitted for planning permission soon with three Local Planning Authorities; Lake District National Park, Allerdale Borough Council and Copeland Borough Council. I wonder if this is the correct procedure or whether this should actually be decided by the Planning Inspectorate.

Details of the project West Cumbria water supply project can be found here: http://cumbria.unitedutilities.com/west-cumbria-water-supply-project.aspx

Advice given

Please note that the responsibility lies with the applicant of a project to ensure that they are applying for the correct sort of planning consent. From the information you have provided, I am unable to advise whether the project meets the thresholds to be an NSIP or not; however I have set out the relevant thresholds below for your information.

Section 29(1) of the Planning Act 2008 (as amended) (PA 2008) sets out the thresholds over which a waste water treatment plant would fall within the NSIP regime: • a plant must be constructed in England; and • have a capacity exceeding a population equivalent of 500,000.

Under s29(1A) of PA 2008, infrastructure for the transfer or storage of waste water would also constitute an NSIP, if: • the infrastructure will be wholly in England; • the main purpose of the infrastructure will be the transfer of waste water for treatment, or storage prior to treatment, or both; and • the infrastructure is expected to have a capacity for the storage of waste water exceeding 350,000 cubic metres.

Section 21 defines the thresholds that pipe-lines must meet in order to be considered an NSIP. To qualify as an NSIP, a pipe-line must be: • a cross-country pipe-line; • a pipe-line the construction of which would (but for section 33(1) of the PA2008) require authorisation under section 1(1) of the Pipe-lines Act 1962 (c. 58) (cross-country pipe-lines not to be constructed without authorisation); and • within subsection (2).

A pipe-line is within subsection (2) if one end of it is in England or Wales and: • the other end of it is in England or Wales, or • it is an oil or gas pipe-line and the other end of it is in Scotland.

Should the applicant and local authorities wish, we would be happy to discuss this issue further and other matters relating to the NSIP process. In accordance with the PA 2008 and our pre-application prospectus, all advice provided would be published online on the Planning Inspectorate National Infrastructure website.