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Advice to Mendip District Council

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Enquiry

From
Mendip District Council
Date advice given
26 June 2012
Enquiry type
Phone

Mendip District Council enquired regarding the thresholds for an reservoir application to come to the Planning Inspectorate rather than being dealt with by the Local Planning Authority.

Advice given

While we are unable to provide a legal opinion as to whether development consent is required for any specific proposal, I hope the following advice will prove helpful with your query. If still unsure, please seek your own legal advice upon which you can rely.

The test 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). The relevant sections of the PA 2008 for reservoirs are Section 14 (Nationally Significant Infrastructure Projects: General), which gives an overview of the types of scheme that may constitute a NSIP, and Section 27 (Dams and Reservoirs), which lists the relevant thresholds for this specific project type.

A direct link to the legislation section of our website where the Planning Act 2008 (and Localism Act 2011) is provided below:

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