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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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 am a planning officer at Rutland County Council and have been involved in preliminary discussions with a developer regarding a wind farm located just off the A1 in Rutland. Initially the proposal fell well below the 50MW threshold, however the developer has recently indicated that they wish to add a solar farm to the site as well, and the two elements combined would, on the basis of the information provided, result in a scheme in excess of 50MW (36.6MW for solar and 22.5 for wind).
We have not yet received an application for the sites, but I was hoping you would be able to advise if the two elements of the project would be considered separately for the purposes of the 50MW threshold.
Advice given
Unfortunately there does not appear to be any relevant case law related to the specific query as it is a fairly new approach.
You may find the following ofgem document to be helpful, specifically paragraphs 1.10 onwards on page 66: attachment 1
