Advice to Scottish Rural Property & Busine

Enquiry

• From: Scottish Rural Property & Busine
• Date advice given: 17 May 2010
• Enquiry type: Email

The SRPBA represents landowners in Scotland (equivalent to the CLA in England and Wales). I am trying to ascertain the potential impact of the IPC in terms of infrastructure projects (specifically gas pipelines) in Scotland. I note from your website the following:- “In Scotland the IPC will only examine applications for construction of cross-country pipelines where one end is in Scotland and the other in England or Wales (except by gas transporters); all other matters are for the Scottish Executive”. Can you clarify the IPC involvement in gas pipelines given the exception referred to above?

Advice given

The IPC, as you are aware, examine applications for Nationally Significant Infrastructure Projects (NSIPs). Section 14 of the Planning Act 2008 ("the Act") defines the projects which will constitute NSIPs and section 21 (2) of the Act states that; "A pipe-line is within [section 14] if one end of it is in England or Wales and (a) the other end of it is in England or Wales, or (b) It is an oil or gas pipe-line and the other end of it is in Scotland." Section 21 also sets out further conditions which must be met - for example that the pipe-line would ordinarily need authorisation under the Pipe-Lines Act 1962. The IPC only has jurisdiction therefore to examine NSIPs in Scotland for gas pipe-lines which meet the conditions in Section 21. For full details of IPC processes and how it will handle NSIP applications please refer to the following links: The application process: http://infrastructure.independent.gov.uk/?page_id=1969 The IPC - What we do and how you can get involved: http://infrastructure.independent.gov.uk/wp-content/uploads/2009/10/Introducing-the-IPC-What-we-do-and-how-you-can-get-involved.pdf.