Register of advice

The list below is a record of advice the Planning Inspectorate has provided in respect of the Planning Act 2008 process.

There is a statutory duty under section 51 of the Planning Act 2008 to record the advice that is given in relation to an application or a potential application and to make this publicly available. Advice we have provided is recorded below together with the name of the person or organisation who asked for the advice and the project it relates to. The privacy of any other personal information will be protected in accordance with our Information Charter which you should view before sending information to the Planning Inspectorate.

Note that after a project page has been created for a particular application, any advice provided that relates to it will also be published under the ‘s51 advice’ tab on the relevant project page.

Advice provided between the period between 1 October 2009 and 13 April 2011 has been archived and remains available to view on this spreadsheet.

Enquiry received via email

General

05 June 2018
James Wilson

Enquiry

We are part of a team assessing the feasibility of a pipeline project in Dorset.
The location and route of the pipeline is Portland Port to the NTS at Mappower, Dorset.
In 2007 a project was granted planning for an underground gas storage facility with pipeline connection to the NTS at Mappower, the pipeline was approved by BEER and subsequently extended by DECC to July 2012.
In making our assessment we would like to use the route previously granted permission for in 2008 by BEER and subsequently extended by DECC to 2012 with a deviation into the breakwater protected port as opposed to the original off shore route to an underground gas storage facility which also was granted planning consent.
A plan is attached showing both what was granted and what is planned.
This project is for pipeline to terminate at the NTS at Mappower and within the port breakwater at a sub sea manifold with flexible risers within a mooring system.
This would allow LNG vessels with on board regasification to moor, connect and discharge and leave.
When looking to see what planning route this project would take, local authority or Planning Inspectorate we were told there is no clear cut answer on this one as it does not clearly fit into a DCO category under the 2008 Planning Act definitions. Given its nature and characteristics, with onshore and nearshore impacts and the potential environmental impacts it does feel like a DCO but must cross a number of thresholds.
As such were advised to get a legal opinion or contact you directly.
The pipeline can be sized below 800mm diameter (currently sized at 762mm offshore and 914mm onshore, the length is less than 40km, when in use the vessel would discharge at a pressure in excess of 7 bar, as a gas transporter the gas supplier would own the gas, so is unclear if the supplying to 50,000 customers applies, we do not feel it would have a significant environmental effect.
Or is this a DCO as would be classed as a gas reception facility , but there is permanent gas reception processing plant as is all part of the vessel ? and is such a case how would the vessel be viewed as does not require planning, is covered by its classification and port authority and H and S operational licences and requirements.
Any clarity you can provide would be helpful so we may finalise the planning route and what would need to be included.

Advice given

Development that is defined as a Nationally Significant Infrastructure Project is set out within Part 3 of the Planning Act 2008 (as amended) (PA2008). We would advise you to seek your own legal advice as to whether the development you propose falls within the categories set out in PA2008.
If you consider that the proposed development does not fall within the categories set out in PA2008, section 35 of PA2008 states that the Secretary of State may give a direction for development to be treated as development for which development consent is required.
If, having sought your own legal advice, you consider that your proposed development will be determined through the PA2008 regime we offer a free pre-application service and would welcome meeting you to discuss your project further.


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