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Cyngor i Environment Agency

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Ymholiad

Oddiwrth
Environment Agency
Y dyddiad y rhoddwyd y cyngor
14 Rhagfyr 2011
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The Enviroment Agency is looking to progress the implementation of the Lower Thames Risk Management Strategy through various linked flood defence schemes and is looking into whether this can be done through the IPC process.

Cyngor a roddwyd

The Infrastructure Planning Commission (IPC) has the power under Section 51 of the Planning Act 2008 (PA 2008) to give advice about the general processes involved in applying for development consent. The general types of projects dealt with by the IPC can also be seen from the information displayed on our website. However, please be aware that we are unable to provide a legal opinion as to whether development consent is required for any specific proposal.

You may therefore wish to obtain advice from your in-house planning team or seek legal advice on which you can rely as to whether this development falls within the definition of a Nationally Significant Infrastructure Project and, as such, requires a development consent order under the PA 2008.

The first test is whether the development concerned falls within the Nationally Significant Infrastructure Project (NSIP) definitions found in Part 3: Sections 14-30 of the PA 2008. The relevant sections of the PA 2008 for water related NSIP projects are Section 27 (Dams and Reservoirs) & Section 28 (Transfer of Water Resources).

In the circumstance that a project does not meet the thresholds set out in the PA 2008, the relevant Secretary of State may direct the application to be treated as nationally significant (under s.35 of the PA 2008). It is for the Secretary of State to decide whether to exercise this power in any given case. Please note that the process set out for NSIP projects in the PA2008 is heavily front-loaded and requires the developer to undertake statutory pre-application publicity and consultation. If you considered that this scheme will come forward as an NSIP application, we suggest early engagement of all the relevant stakeholders including the IPC.