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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
• What point should a waste application be considered to be submitted as a NSIP? (is there a threshold ie size, annual import, waste type ie hazardous, etc)
• Is there any point when an NSIP is mandatory as opposed to optional (with an application made to a County Council application)?
Advice given
What constitutes a Nationally Significant Infrastructure Project (NSIP) is a matter of fact, as per the qualifying criteria set out in Part 3 of the Planning Act 2008 (PA2008). The qualifying criteria for hazardous waste NSIPs are set out in sections 30 and 30A of the PA2008. The PA2008 is available to view on legislation.gov.uk: attachment 1
Development that qualifies as an NSIP must receive development consent in the form of a Development Consent Order. The consenting route for development that constitutes an NSIP is not optional. Section 160 of the PA2008 establishes that a person commits an offence if the person carries out, or causes to be carried out, development for which development consent is required at a time when no development consent is in force in respect of the development, and associated liabilities.
For hazardous waste development a designated National Policy Statement (NPS) is in place. The Hazardous Waste NPS sets out the strategic need and justification of Government policy for the provision of hazardous waste infrastructure. It is available to view here: attachment 2
