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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
On reviewing the requirement for a hazardous waste plant that could cope with 300,000 tons of hazardous waste it would appear to fall within the remit of Pins. The plant already has permission and a permit to treat a mixture of 30,000 tons of hazardous waste the rest being inert material. The proposal is to use the same plant and location but to treat 300,000 tons of hazardous waste. There would be no additional machinery or the need to extend the existing treatment plant area. There would be no additional traffic as the plant is already running at full capacity. The change would be within the type of material treated. I would welcome your thoughts and comments before making a formal application.
Advice given
The Planning Inspectorate does not have the power to give a legally binding interpretation on whether the proposed development would be classed as a Nationally Significant Infrastructure Project. Only the courts can ultimately determine the interpretation of legislation. It is for the developer to decide whether to apply for an Order granting development consent, taking their own independent legal advice. Under Section 14(1)(p) of the Planning Act 2008 (PA2008) construction or alteration of a hazardous waste facility is defined as a Nationally Significant Infrastructure Project. You may wish to refer to section 30 of the PA2008 which sets out the thresholds for a project. The Planning Inspectorate, on behalf of the Secretary of State, is only able to decide whether development consent is required for a project (under section 55 of the PA2008) once an application has been formally submitted. Should the Applicant determine that the proposed application meets the threshold of the PA2008, we would advise the Applicant to review the latest government guidance if not already done so, particularly Planning Act 2008: Pre-application stage for Nationally Significant Infrastructure Projects - GOV.UK (www.gov.uk) and our Nationally Significant Infrastructure Projects: 2024 Pre-application Prospectus - GOV.UK (www.gov.uk), which explains what to expect and prepare for in relation to an Inception Meeting, the different components involved at pre-application and the tiers of pre-application service we now offer applicants and related fees (from October 2024), as well as a need to discuss your Programme Document (which sets out your intended programme for the pre-application stage and what works and studies are required for the preparation of your application). Discussion of your anticipated scoping request will also help inform decisions on the right level of pre-application service to be provided by the Planning Inspectorate.
