Advice to James Hartley

Enquiry

• From: James Hartley
• Date advice given: 27 August 2014
• Enquiry type: Email

Enquiry relating to the threshold for energy generation projects at which point they become Nationally Significant Infrastructure Projects.

Advice given

Thank you for your email regarding thresholds for energy generation projects dated 19 August 2014.

As you already noted section 15 of the Planning Act 2008 (as amended) ‘PA 2008’ sets out thresholds for generating stations defined as Nationally Significant Infrastructure Projects (NSIPs).

The term ‘capacity’ is not defined within the PA 2008. The Renewables Obligation Order 2009 (SI 2009/785) however provides a definition in relation to renewable energy production and electricity generation licensing. In absence of any statutory definition or applicable case law, the Planning Inspectorate therefore considers that the term ‘capacity’ within section 15 of the PA 2008 refers to the ‘Total Installed Capacity’ as defined in the above Order as:

• ‘Total Installed Capacity’ in relation to a generating station, means the maximum capacity at which the station could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption); Although this is the interpretation of the Planning Inspectorate, please note that we do not provide legal advice on which applicants and others can rely, it is therefore for applicants to seek their own legal advice in order to understand the definition of the ‘capacity’ for the purpose of their projects.

Applicants should also be aware of section 160 of the PA 2008 which states that a person commits an offence if the person carries out, or causes to be carried out, development for which development consent is required (under the PA 2008), where no such consent is in force.

I hope this is helpful, however please contact us should you have any further queries.