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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
Can I begin the process of applying for a Development Consent Order for the development of a Geological Disposal Facility for Higher Activity Radioactive Wastes from The UK's Civil Nuclear industry and The Ministry of Defence while no National Policy Statement is in place?
Advice given
Thank you for your email of the 17th July regarding whether or not you are able to apply for a Development Consent Order for a Geological Disposal Facility (GDF).
As you state, the Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015 came into force on March 27th 2015. The Order includes provisions relating to the facility itself and test boreholes.
Applicants are able to make applications for NSIPs where there is no relevant NPS in place under s105 of the Planning Act 2008. In such cases the examining authority must make their decision on what they consider to be important and relevant matters, having regard to the list of material considerations in the Infrastructure Planning (Decisions) Regulations 2010
Any applicant would need to carefully consider whether the examining authority would have the necessary information to be able to make a decision about whether or not to recommend that the Secretary of State make the DCO for GDF before committing to making an application for a NSIP of this nature. The Nuclear Site Licence and any Environmental Permit would need to be applied for separately, however, the examining authority would need to be satisfied that there was no serious impediment to the relevant organisations granting such licences and consents.
The NPS would normally set out the matters that the examining authority and SoS should have regard to in their examining and decision-making roles. It is therefore advisable that, for a NSIP of this nature, any potential applicants should wait until the NPS has been designated rather than making any speculative applications.
