Advice to Pegasus Group

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Enquiry

From
Pegasus Group
Date advice given
13 May 2024
Enquiry type
Email

Request confirmation that a proposed solar farm 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 determine the interpretation of legislation. It is for the developer to decide whether or not to apply for an order granting development consent, taking its own independent legal advice. You may wish to refer to section 15 of the Planning Act 2008 (PA 2008) which sets out the thresholds for a project. 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 PA 2008, once an application has been formally submitted.