South Hook Combined Heat & Power Station
Enquiry regarding Associated Development and the Development Consent Order application process in Wales.
Cyngor a roddwyd
Associated development is dealt with at Section 115 of the Planning Act 2008 (as amended).
In England associated development can be made part of the application to the Planning Inspectorate whereas in Wales in most cases a separate application would have to be made to the authority who normally consents such development. This could, for instance, include consent deemed to fall under the Town and Country Planning (General Permitted Development) Order 1995, the Town and Country Planning Act 1990 or the Planning Act 2008 (the 2008 Act).
DCLG Guidance on associated development applications for major infrastructure projects (April 2013) (see attached) advises that associated development can include development in England and in waters adjacent to England. However it may not include development in Wales, except for surface works, boreholes or pipes associated with underground gas storage by a gas transporter in natural porous strata.
Associated development is defined in the 2008 Act as development which is associated with the principal development. Sub-sections (2) to (4) of section 115 of the 2008 Act set out other requirements relating to associated development, as summarised below:
- Section 115 (Development for which development consent may be granted) of the 2008 Act at sub-section (1) states that development consent may be granted for development which is (a) development for which development consent is required, or (b) associated development;
- Sub-section (2)(c) states that associated development means development which is within sub-section (3) or (4);
- Sub-section (3) relates only to England;
- Sub-section (4) relates to Wales and states that development is within this subsection if it is the carrying out or construction of surface works, boreholes or pipes or if it is development within section 17(3) of the Act which relates to underground gas storage facilities.
It may be worth noting that in some instances where a Grid Connection qualifies as a Nationally Significant Infrastructure Project (NSIP) in its own right a single application for a DCO can be submitted for more than one NSIP (for example - a Generating Station and its Grid Connection). However it is for the applicant to decide on this.