Advice to Wood Group
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- From
- Wood Group
- Date advice given
- 5 October 2017
- Enquiry type
I am writing regarding a query on the Planning Act 2008 requirements of an NSIP. I would like to find out whether it would be possible to gain any clarification whether the requirements that qualify a generating station as a NSIP within the Planning Act 2008 would include the generating stations associated gas pipeline that exceeds the 16.093 km (Pipelines Act 1962) requirement. Where in general a pipeline that exceeds this limit, and is not a gas transporter, is classed as a NSIP and therefore must have a single DCO application.
It is not clear by reading between the lines that a pipeline exceeding the requirement above could fall under the main generating station projects DCO application, but it also does not make sense why these would be separated, unless the pipeline was of such an extent (e.g. possibly >100 km), that the Secretary of State deems the pipeline to be a NSIP in its own right, and therefore would request a single DCO application.
Advice given
If I correctly understand the crux of your enquiry, there is nothing to prevent more than one Nationally Significant Infrastructure Project (NSIP) being included in a Development Consent Order (DCO), and there are precedents for this (see for example the East Midlands Gateway Rail Freight Interchange and Galloper Offshore Wind Farm). In effect, an NSIP generating station and an NSIP pipeline could be delivered through the same DCO.
I would caveat that development for which development consent is required a matter of fact, in accordance with the provisions set out in sections 14 to 30A of the Planning Act 2008; but the Planning Inspectorate cannot take a decision on whether development constitutes an NSIP until such time as the associated application for development consent is formally submitted.