Advice to Mick George Ltd

Enquiry

• From: Mick George Ltd
• Date advice given: 13 March 2018
• Enquiry type: Email

• What point should a waste application be considered to be submitted as a NSIP? (is there a threshold ie size, annual import, waste type ie hazardous, etc)

• Is there any point when an NSIP is mandatory as opposed to optional (with an application made to a County Council application)?

Advice given

What constitutes a Nationally Significant Infrastructure Project (NSIP) is a matter of fact, as per the qualifying criteria set out in Part 3 of the Planning Act 2008 (PA2008). The qualifying criteria for hazardous waste NSIPs are set out in sections 30 and 30A of the PA2008. The PA2008 is available to view on legislation.gov.uk: http://www.legislation.gov.uk/ukpga/2008/29/contents

Development that qualifies as an NSIP must receive development consent in the form of a Development Consent Order. The consenting route for development that constitutes an NSIP is not optional. Section 160 of the PA2008 establishes that a person commits an offence if the person carries out, or causes to be carried out, development for which development consent is required at a time when no development consent is in force in respect of the development, and associated liabilities.

For hazardous waste development a designated National Policy Statement (NPS) is in place. The Hazardous Waste NPS sets out the strategic need and justification of Government policy for the provision of hazardous waste infrastructure. It is available to view here: https://www.gov.uk/government/publications/hazardous-waste-national-policy-statement