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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
I’m hoping you can provide me with some advice regarding a Screening Opinion that the LPA have received, which has subsequently resulted in a planning application (please note that we have not issued the Screening Opinion yet as we are still considering whether EIA is required). I’ve attached the documentation that we received with both.
The Screening Opinion states that the proposed development comprises the installation of a number of gas fired spark ignition engines, resulting in a totalled installed capacity of approximately 95MW thermal input. I was therefore of the opinion that this may be an NSIP project as it is energy generation onshore over 50MW.
However, the planning statement submitted with the application refers to 37 gas fired spark ignition engines each with up to 1MW export electrical output, however the site area remains the same and the site layout appears the same as the Screening Opinion. Given this statement, it would appear that the proposal does not meet the relevant criteria for an NSIP Project.
We are unclear as to the difference between the thermal input and the export electrical output, and therefore whether this proposal would constitute a NSIP project or not?
Your advice would be appreciated before we progress with consideration of the application if it is not one for us.
Advice given
As per section 15 (2) of the Planning Act 2008 ("The Act") a generating station would be considered a Nationally Significant Infrastructure Project (NSIP) if the following criteria is met;
(a) it is in England or Wales,
(b) it is not an offshore generating station, and
(c ) its capacity is more than 50 megawatts.
On the basis of the information you provided, having regard to and applying that information to the Planning Act 2008, it is considered that the proposal for 37 gas fired spark ignition engines (which will have the capacity to generate 37MWe) falls below the threshold in Section 15 of the 2008 Act. Our understanding is that "capacity" has the same meaning as in the Electricity Act 1989 - namely electricity generating capacity.
However, the applicant’s Planning Statement states that the unit export electrical output is approximately 1MWe. The applicant should note that it is an offence under Section 160 of the 2008 Act to carry out development for which a DCO is required.
However the Planning Inspectorate does not have power to give a legally binding determination as to the need for development consent and we strongly advise applicants to seek their own legal advice on which they can rely.
This communication is without prejudice to determination of any offence in relation to s160 of the Planning Act 2008 (development without development consent). The planning authority will also need to satisfy itself that it has powers under the Town and Country Planning Act 1990 to determine the application.
