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Advice to Wai Kit

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Enquiry

From
Wai Kit
Date advice given
28 March 2014
Enquiry type
Email

Regarding the definition of a generating station under section 15 of the Planning Act 2008 (as amended). If a project has a total capacity of 65 MW but was only technically capable of exporting 45MW, would that qualify as an NSIP?

Advice given

An applicant would need to take a view, and is encouraged to seek its own legal advice, on the definition of capacity in relation to the specifics of a project. As part of this you may wish to consider how permanent any technical limitations to exporting more than 45MW are / whether limitations could theoretically be overcome at a future point to raise the export capacity above 50MW. The Planning Inspectorate would be happy to review a more detailed consideration and provide future advice under section 51 of the Act.

Please note that under s160 of the Act a person commits an offence if development is carried out, or caused to be carried out, where that development requires but does not have development consent in force.