Advice to Hedlunds Energy Limited
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- From
- Hedlunds Energy Limited
- Date advice given
- 16 May 2014
- Enquiry type
Query regarding project thresholds
Advice given
Thank you for your email regarding your query as to whether a potential project(s) would fall under the Planning Act 2008 (as amended) (PA 2008) as a Nationally Significant Infrastructure Project.
Section 15 of PA 2008 sets out the criteria under which Generating Stations fall under section 14 of PA2008 as Nationally Significant Infrastructure Projects.
To confirm my understanding, the project consists of a number of projects, which on their own may not generate over 50MW alone but this is not for certain and could generate 50MW cumulatively. Furthermore, they may not come forward as one application.
As a starting point I would advise you seek legal advice and consider as to whether a sole generating station would be over 50MW or whether permission for multiple generating stations may be requested as part of the same DCO and therefore generate over 50MW. This is an important point as the generating capacity relates to the Development Consent Order (DCO) (the permission you request) rather than what a site may provide in the future.
Whilst the Planning Inspectorate is unable to provide legal advice on this point, should you wish to set out your understanding further or seek legal advice and then contact the Planning Inspectorate, we would be able to review this with a view to providing further advice under section 51 of PA2008.