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Advice to Arup

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Enquiry

From
Arup
Date advice given
23 October 2012
Enquiry type
Email

Query requesting confirmation of the determining authority for a new reservoir application.

Advice given

Thank you for your email and I apologise for the delay in our response.

We recommend that you seek your own legal advice upon which you can rely if there is any uncertainty over a project’s status. While we are unable to provide a legal opinion as to whether development consent is required for any specific proposal, I hope the following information will prove useful in regard to your query.

The test to whether a development is a Nationally Significant Infrastructure Project (NSIP) can be found in Part 3: Sections 14-30 of the Planning Act 2008 (PA 2008). Section 14 of the PA 2008 (Nationally Significant Infrastructure Projects: General) gives an overview of the types of scheme that may constitute a NSIP and Section 27 (Dams and Reservoirs) lists the relevant thresholds for this specific project type.

However, the relevant Commencement Order must be enacted before the associated part of the legislation is brought into operation and currently no such order is listed as being in force for this section of the PA 2008 on our website. A direct link to the legislation section of our website is provided below:

http://infrastructure.planningportal.gov.uk/legislation-and-advice/legislation/

I hope this response has been helpful. However, if you have any further questions, please do not hesitate to ask. Our enquiries line is also available for questions on 0303 444 5000.