Advice to Michele Lloyd

Enquiry

• From: Michele Lloyd
• Date advice given: 24 February 2011
• Enquiry type: Email

The 132kV overhead power line application in question has been submitted to DECC (app number BERR/2009/0005) and is a separate application to the Llandinam wind farm application number BERR/2008/0003 (which has also been submitted to DECC). However, the power line is proposed to take power from the Llandinam wind farm only (they are therefore linked and probably both classed as NSIPs).

Does this therefore mean the IPC will consider any necessary wayleave applications for the proposed power line.

Advice given

To clarify, the IPC is unable to consider any applications for necessary wayleaves alone, separate from an application for development consent.

Development consent is required for proposals which are defined in the Planning Act 2008 as Nationally Significant Infrastructure Projects (NSIPs). You have not provided sufficient details for me to advise whether the applications submitted to DECC for the 132kV overhead line and wind farm would require development consent; I have assumed they were submitted to DECC prior to 01 March 2010.

An order granting development consent could include provisions authorising the compulsory acquisition of land or interests over land (such as necessary wayleaves) but the IPC would have no power to grant development consent including a necessary wayleave unless an applicant needed to obtain development consent (from the IPC) for their NSIP.