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Advice to Malcolm Hearn-Grinham Hunter Conway Associates

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Enquiry

From
Malcolm Hearn-Grinham Hunter Conway Associates
Date advice given
25 April 2012
Enquiry type
Post

Hunter Conway Associates queried whether a proposed 132kV switching station and terminal tower in Marden, Kent, would be considered a Nationally Significant Infrastructure Project in accordance with the Planning Act 2008 (as amended).

Advice given

The following advice was provided provided in a letter:

Please note that the Infrastructure Planning Commission was abolished on 1 April 2012. Following abolition, the Secretary of State now takes decisions on those infrastructure projects that fall to be considered under the Planning Act 2008 as amended (PA 2008). Sections 14 to 30 of the PA 2008 set out the projects (which are known as nationally significant infrastructure projects or NSIPs) that fall under that Act. The Planning Inspectorate (National Infrastructure Directorate) undertakes certain functions on behalf of the Secretary of State in relation to such projects.

Turning to your queries, the installation of certain electric lines of 132kV and above is defined as an NSIP by sections 14(1)(b) and 16 of the PA 2008 and requires the grant of development consent under that Act rather than consent under section 37 of the Electricity Act 1989. Your letter refers to “a 132kV switching station and three associated terminal towers”. You have not provided detailed information on the proposal, but if the proposal does not involve an above-ground electric line then, assuming no other types of NSIPs under sections 14-30 are relevant, the proposal would not fall within the PA 2008 regime and therefore would be outside the remit of the National Infrastructure Directorate. If an electric line is involved then the criteria in section 16 of the PA 2008 must be considered. Please note that section 16 was revised in 2010 with the effect of excluding certain minor works dealt with under The Overhead Lines (Exemption) (England and Wales) Regulations 2009 as amended.

Please note that it is the developer’s responsibility to be satisfied as to whether or not a development proposal is a NSIP and, in case of doubt, legal and professional advice should be obtained. I would suggest that you continue to try to contact the developer and/or the relevant local planning authority directly to discuss your queries in detail.

This advice is provided without prejudice to any decisions which may be made by the Secretary of State.