Advice to Michael Fletcher

Enquiry

• From: Michael Fletcher
• Date advice given: 28 September 2011
• Enquiry type: Phone

The caller requested confirmation of the capacity threshold for which an onshore generating station would require development consent under the 2008 Planning Act.

Advice given

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 (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. S15(2)(c) of PA 2008 specifies a capacity threshold of 50 megawatts for on-shore generating stations.

If the proposed development does fall within s.14 of the 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 IPC 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. For further information on the IPC's policy on giving Section 51 advice please visit our website at http://infrastructure.independent.gov.uk/wp-content/uploads/2010/03/Policy-on-s.51-advice-giving.pdf