Advice to The Mineral Planning Group Ltd
Back to listEnquiry
- From
- The Mineral Planning Group Ltd
- Date advice given
- 12 January 2024
- Enquiry type
Request confirmation that a proposed development should not be determined as a Nationally Significant Infrastructure Project.
Advice given
The Planning Inspectorate does not have the power to give a legally binding interpretation on whether the proposed development would be classed as a Nationally Significant Infrastructure Project. Only the courts can ultimately determine the interpretation of legislation. It is for the developer to decide whether or not to apply for an order granting development consent, taking their own independent legal advice. It should also be noted that the Planning Inspectorate, on behalf of the Secretary of State, is only able to decide whether development consent is required for a project, under section 55 of the Planning Act 2008 (PA 2008), once an application has been formally submitted.