Advice to Panos Konidaris

Enquiry

• From: Panos Konidaris
• Date advice given: 12 May 2023
• Enquiry type: Email

Enquiry in relation to a high security control centre.   Section 14 of the 2008 Planning Act sets out the projects which may be considered to be NSIP and the above development does not appear to be included, and therefore I believe that it should not be treated as a NSIP. However, their definition (NSIP vs CNI) is quite similar so it is a little confusing to me and I was also told that plans showing the location of important rooms (i.e. server rooms) should be redacted if published in the public domain. Therefore, I would appreciate if you could confirm whether a project classed as CNI should not be treated in the same way than NSIPs are when trying to secure planning permission.  

Advice given

Development consent under the PA2008 is required for development to the extent that the development is or forms part of a nationally significant infrastructure project. It is the responsibility of the potential applicant to seek their own legal advice on whether a proposed development is or forms part of a nationally significant infrastructure project. The Planning Inspectorate does not give legal advice on such matters. However, it may be useful to know that the Secretary of State may give a direction for development to be treated as development for which development consent is required under section 35 of PA2008. In relation to your question seeking clarification on ‘whether a project classed as Critical National Infrastructure (CNI) should not be treated in the same way than NSIPs are when trying to secure planning permission’ you may wish to seek your own legal advice