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Advice given between between 1 October 2009 and 14 April 2015 has been archived. View the archived advice.
General
Enquiry
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.
