Cyngor i Fylde Borough Council

Ymholiad

• Oddiwrth: Fylde Borough Council
• Y dyddiad y rhoddwyd y cyngor: 2 Medi 2024
• Math o ymholiad: Email

I am presently dealing with a pre-application enquiry within our Borough for a solar farm (up to 50MW capacity) and battery energy storage system (40MW capacity). My query is whether the scheme is classified as a nationally Significant Infrastructure Project as their combined capacity is 90MW?

Cyngor a roddwyd

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. 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. However, you may find that the thresholds set out in section 15 of the Planning Act 2008 and The Infrastructure Planning (Electricity Storage Facilities) Order 2020 to be of relevance to your query. The Infrastructure Planning (Electricity Storage Facilities) Order 2020 Explanatory Memorandum sets out the intention of the order.