Advice to Dover District Council

Enquiry

• From: Dover District Council
• Date advice given: 3 November 2010
• Enquiry type: Email

I would appreciate your advice in respect of a development proposal that may come forward in the near future, on a site that falls within the Dover and Thanet Council district boundaries. The development is very close to the threshold for developments that are dealt with by the IPC.

Section 15 of the 2008 Planning Act identifies the energy developments that fall to be determined by the IPC. Section 15 (2) identifies that onshore energy developments with a capacity of more than 50 MW fall to be determined by the IPC.

I have received a pre-application request in respect of a proposed peak generator with an electrical output of 49MW. It would typically comprise 2 x 25 MW gas turbines, with approximately 25 meter high stacks. The generators would be fuelled by red diesel and bio diesel. Since the proposal would be fuelled by red and bio diesel, the development is considered to be of an industrial type and not a waste application. The determining authority would therefore be the Dover District Council, and not Kent County Council, who deal with waste applications.

I am mindful that the threshold of the proposed output is close to the 50MW threshold. Whilst it has been stated that the development would have an output of 49 MW, I note that each gas turbine would generate 25MW and recall from a brief discussion with the applicant’s agent that they intend to submit a National Grid application for 49.9 MW, (under the relevant legislation), at the same time that a planning application is submitted, thereby bringing the output closer to the 50MW threshold.

Given that the threshold is very close to the 50MW threshold for energy developments to be determined by the IPC, I would really appreciate your advice on whether this would still fall to be determined by the Local Planning Authority. Is there any variance for applications to be determined by the IPC, when the proposed output is close to the threshold set out in Section 18(2), but does not meet it?

Your advice in respect of the above would be most appreciated, as I am mindful that the proposal is close to the threshold for IPC determination.

Should you prefer to discuss this with me, please note that I am in the office between Monday to Wednesday. If I need to re-direct my enquiry, please advise who I should contact.

Advice given

Thank you for your query regarding onshore generating stations which we received on 3rd November 2010

It is for the applicant to determine whether their project constitutes a Nationally Significant Infrastructure Project (NSIP). The IPC has no power to "call in" an application; however,the Planning Act 2008 does allow the Secretary of State to direct an application to the IPC (under S35 of the Act).

We recommend that you seek your own legal advice that you can rely upon, and would also make this recommendation to the applicant in question if they were to contact us directly. If the applicant does apply for a development of two 25MW generators with a total generating capacity of 50MW, this would bring it under our regime, however, if the total output is 49.9 MW then this would be below the threshold in the Planning Act 2008.

It is an offence to develop an NSIP without having gained development consent and the applicant may wish to seek legal advice and consider more generally the risks and practicalities associated with taking forward a development of the type described in your email, which is so close to the 50 MW thershold.

I hope this helps, please get in touch with me if you have any further questions.