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Advice to Natural Power

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Enquiry

From
Natural Power
Date advice given
17 August 2016
Enquiry type
Email

Dear Sir/Madam,

I am enquiring who would determine an onshore wind project located in Wales with a capacity of 50 MW. Would this be an NSIP project and determined by Planning Inspectorate, as all literature suggests that an NSIP is only applicable for a project above 50 MW. Developments of National Significance are noted as project between 10 and 50 MW, therefore where does a 50 MW project sit?

Your feedback on this would be greatly appreciated as I am currently writing our internal procedures for consenting projects.

Advice given

Hi Ffion

Thank you for your email of 10 August 2016.

The Infrastructure Planning (Onshore Wind Generating Stations) Order 2016, made on 4 March 2016, has removed onshore wind energy generating stations from the Planning Act 2008 NSIP consenting regime (see Regulation 3):

http://origin-www.legislation.gov.uk/uksi/2016/306/contents/made

The Onshore Wind Generating Stations (Exemption) (England and Wales) Order 2016, then made a direction under s36(4) of the Electricity Act 1989 to provide that the requirement for consent under the Electricity Act 1989 does not apply to onshore wind generating stations:

http://www.legislation.gov.uk/uksi/2016/21/contents/made

The Orders above have moved the consenting process to the Town and Country Planning Act 1990 for onshore wind farm projects. Therefore a proposed onshore wind project with a capacity of more than 50 megawatts in England and Wales would no longer be determined under the Planning Act 2008 NSIP regime.

The Developments of National Significance (specified Criteria and Prescribed Secondary Consents) (Wales) (Amendment) Regulation 2016, makes changes to the threshold for Developments of National Significance (DNS) energy generating stations in Wales, to capture those onshore wind generating stations which have an installed generating capacity of above 50MW into the DNS regime (see Regulation 3):

http://www.legislation.gov.uk/wsi/2016/358/contents/made

As such, and in answer to your query, an onshore wind generating station which “is expected to have (when constructed) an installed generating capacity of 10 megawatts or above”, would be identified as a DNS project under the Developments of National Significance (specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016 (subject to the savings provisions).

Developers are advised to seek their own legal advice on such matters, however I hope the information above is helpful. If you would like further information on the DNS process please follow this link: http://gov.wales/topics/planning/developcontrol/developments-of-national-significance/?lang=en

Regards

Steffan