Advice to AES

Enquiry

• From: AES
• Date advice given: 22 December 2015
• Enquiry type: Email

Should any (battery storage) facility be consented at a local level, up to 50MW capacity, then subsequently be extended to a capacity up to 100MW, how would this be dealt with from a consenting perspective? Understanding that we are unlikely to be classified as a generating station, and assuming we were to propose a development of greater than 50MW throughput, I understand a development consent order would be required? In this instance, I assume the necessity/otherwise for an EIA would be agreed with PINS, followed by consenting process of ca. 18 months? I believe an overhead line is subject to EIA, and one equal to or above 2km length, with capacity of equal to or above 132kV is also classified as NSIP. However do these rules apply to undergrounding.

Advice given

We consider that the battery storage facility you have described does not qualify as a Nationally Significant Infrastructure Project (NSIP) under the Planning Act 2008 (PA 2008); and therefore it will not require a development consent order under the PA 2008 to be constructed, operated and extended. However, you will understand that there is no case law yet in this area, so this interpretation has not been tested by the courts and the Planning Inspectorate is not able to provide you with legal advice on which you can rely.

Only above ground electric lines are listed as NSIPs within the PA 2008. Please refer to section 16 of the PA 2008 (as amended) for the threshold at which such a project is considered to be a NSIP. The Planning Inspectorate have accepted underground line projects for examination only when it has formed part of an above ground scheme, or when directed to do so by the Secretary of State using section 35 of PA 2008.

For interest, the PA 2008 consenting process is explained on our website at http://infrastructure.planninginspectorate.gov.uk/application-process/the-process/, with the timescales included in the diagram at the foot of the page.

We are not able to advise you on other planning regimes outside of the PA 2008 and therefore we recommend that you discuss this with the relevant local planning authority.

20/10/16 - Please note that the provisional view set out in this advice that the battery storage project in question would not qualify as a NSIP is currently under review.