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Advice to Richard Maung

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Enquiry

From
Richard Maung
Date advice given
15 February 2011
Enquiry type
Email

Underground Coal Gasification is essentially the process of converting the gas that lies above coal reserves into a more "usable" gas which can then be used electricity. The concept is in its formative stages in the UK but is quite well developed in Australia and some other countries.

Notwithstanding the requirement that gas power stations of over 50MW generating capacity would be a Major Infrastructure project, are you able to advise whether associated development would be handled by the IPC too? That is, simply, the drilling down to reach the coal reserves and bring the gas back up to the surface.

Have the IPC had any discussions over UCG to date?

Any help would be greatly appreciated.

Advice given

The advisory service we provide is primarily concerned with procedural aspects of the new planning regime and as you may appreciate, it is outside of our remit to advise if the development described would be considered as associated development to a Nationally Significant Infrastructure Project (NSIP). We therefore suggest that, if you have not already, you obtain your own legal advice on this matter. To aid you in your decision, I highlight below the provisions within the Planning Act 2008 (the Act) which should be taken into account and some questions which you may wish to consider:

  1. NSIP Thresholds and definitions A single application to the IPC can cover more than one NSIP. As far as possible we would wish to encourage applicants to make a single application where NSIPs are clearly linked. In light of this, the applicant should firstly ascertain if the associated development mentioned (i.e the drilling down to reach the coal reserves and bring the gas back up to the surface) are NSIPs in their own right.
    Reference should be made to Part 3 of the Act where the definitions and threshold of NSIPs are identified, of which the following sections may be of particular relevance to your diligent enquiry: s14 (Nationally significant infrastructure projects: general) s15 (Generating stations) s17 (Underground gas storage facilities) s19 (Gas reception facilities) s20 (Gas transporter pipe-line) s21 (Other pipe-lines)

  2. Provisions within the Act and Guidance s115(2) defines the term associated development and Annex A and B of the CLGs guidance on associated development list the types of development which could be categorised as associated development to an NSIP.

  3. Associated Development Principles Essentially, at the acceptance stage of the process it is for the decision maker (i.e the Commission) to decide, on a case by case basis , whether or not development should be treated as associated development . Therefore an applicant should take into account the principles which the Commission will exercise when determining what can be treated as associated development. The Commission must have regard to principle that associated development should not be an aim in itself but should be subordinate to and necessary to the development and effective operation to its design capacity of the NSIP that is the subject of the application.
    For further information on these principles please see the CLGs guidance on associated development.

I trust this information has been of use when applying provisions within the Act to your detailed knowledge of the proposed scheme.