Advice to Robert Davidson

Enquiry

• From: Robert Davidson
• Date advice given: 26 April 2012
• Enquiry type: Phone

Mr Davidson called to discuss potentially making a application for a project which would have required a generating station licence under the Electricity Act. He wished to better understand the 2008 Act process, and asked where to find an application form.

Advice given

The Planning Inspectorate explained that we administer a unified consenting process for national infrastructure as set out in the Planning Act 2008. Nationally Significant Infrastructure Projects (as defined at S.14 of the 2008 Act) require Development Consent, and include some projects which would have otherwise have required generating station licences.

Whether something is or forms part of an NSIP depends on whether the development concerned falls within the definitions in s14-30 of the Planning Act 2008 as amended (PA 2008) and this will depend on the facts. For generating stations s15 will also need to be considered and the conditions met if the proposed development is to fall within s.14.

If the proposed development does fall within s.14 of PA 2008 then s.31 of PA 2008 applies, i.e. development which is or forms part of an NSIP requires development consent.

The caller was informed that the Planning Inspectorate cannot advise on whether a proposal constitutes a Nationally Significant Infrastructure Project (NSIP) requiring development consent. It is for developers to take their own legal advice upon which they can rely.

The PA 2008 process is heavily front loaded, and there are pre-application obligations on applicants, particularly with regard to consultation. An application should be made when the form of the proposal has been consulted upon in compliance with the Act and finalised because there is very limited opportunity to modify the form of a proposal once an application has been made. The Inspectorate will provide advice and guidance to applicants to help guide them through the pre-application stage of the process, but must publish a record of all the advice we give.

The Planning Inspectorate is under a statutory duty to complete examinations into applications within 6 months. There is then a 3 month period to report to the Secretary of State, and 3 months for the Secretary of State to make a decision. There is no fixed time period for the pre-application stage of the process.

Mr Davidson was directed to the Planning Inspectorate’s published guidance on our website.