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Cyngor i Donna Clarke

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Donna Clarke
Y dyddiad y rhoddwyd y cyngor
21 Ebrill 2015
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Dear Planning Inspectorate,

Please could you advise as follows.

An energy generation project has been granted planning consent by a local planning authority as it is under 50MW.

The developer now wishes to extend the project which would take it over the 50MW threshold by an additional 5 to 10MW. Would this additional generation require an application for development consent to the Planning Inspectorate?

Best regards

Donna Clarke

Cyngor a roddwyd

Dear Ms Clarke

Thank you for your letter dated 15 April 2015 enquiring whether extending a generating station to above 50 megawatts would require a development consent under the 2008 Planning Act (as amended)(‘PA2008’).

Under section 14(1)(a) the construction or extension of a generating station is defined as a Nationally Significant Infrastructure Project (‘NSIP’). Section 15 of PA2008 clarifies that the construction or an extension of a generating station is within section 14(1)(a) only if the generating station is or (when constructed or extended) is expected to be, amongst other things, a generating station that is in England or Wales, not an offshore generating station, and its capacity is more than 50 megawatts.

Section 31 makes clear that consent under the Act is required for development that is or forms part of an NSIP. There is no mechanism under the Act to exempt projects from the NSIP process if they meet the relevant thresholds. Therefore a generating station that falls within s14 and s15 of the Act could not proceed by another process such as the Electricity Act 1989 consenting regime.

In the scenario described in your letter, increasing the capacity of the generating station to above 50 Megawatts would make it an NSIP and would require an application for development consent under section 14(1)(a) of PA2008.

The Planning Inspectorate has also published a series of advice notes that are intended to inform developers, consultees, the public and others about a range of process matters in relation to PA2008 which may be of assistance to you. These advice notes can be access by following this link: http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/