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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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 aware that generating station projects above 50MW in England require consent under the 2008 Planning Act, and PINS manages the application process on behalf of the Secretary of State. In Wales there has been a recent change, so that proposals above 10MW (but under 250MW) will be handled by PINS, on behalf of Welsh Ministers, and on behalf of the SoS above 350MW.
My question to you is whether the capacity threshold is thermal or electrical capacity, as I believe this can be quite different. The proposal in question is a set of diesel generators.
If we assume a 10MW project in Wales will be dealt with by PINS, are we able to request pre-application advice on the project from PINS, or would be seek this from the LPA?
Advice given
Thank you for your email enquiry regarding your proposal for a generating station in Wales.
With regard to your first query asking whether the capacity threshold for generating stations is defined as thermal or electrical capacity.
Our understanding is that "capacity" has the same meaning as in the Electricity Act 1989 - namely electricity generating capacity. I understand that this would be the same interpretation with regard to the revised legislation.
Secondly, you ask whether you are able to request pre-application advice on the project from PINS, or would be seek this from the LPA.
As you are aware from the 1 March 2016, planning applications for Developments of National Significance (DNS) will be made to Welsh Ministers; Planning Inspectorate (PINS) Wales will administer the applications. I can confirm that PINS Wales does offer pre-application advice and have prepared a set of Guidance notes which can be found here;
attachment 1
Applicants who wish to submit a request for Pre-Application Advice, submit formal notification of intention to submit a DNS application or submit an application should contact the PINS Wales at the following email address [email protected] or telephone 029 2082 3308.
