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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
Wylfa Newydd Nuclear Power Station
Enquiry
I am writing to seek clarification regarding the environmental impact assessment (EIA) in respect of the examination of the application for an order granting development consent for a Nationally Significant Infrastructure Project (NSIP) for the Wylfa Newydd project. I seek clarification specifically in reference to paragraph 3.26 of the Scoping Opinion.
As you will be aware, NRW is considering applying an exception to the requirement for it to carry out EIA in respect of a marine licence application for marine works associated with the proposed Wyfla Newydd project pursuant to regulation 10(1)(b) of the Marine Works (Environmental Impact Assessment) Regulations 2007 (the 2007 Regulations). In order to apply regulation 10(1)(b) of the 2007 Regulations, NRW has to be satisfied that the assessment of any effects on the environment of the project in question has already been, is being or is to be carried out by another consenting authority; and, that such assessment is (or will be) sufficient to meet the requirements of the EIA Directive in relation to that project.
Therefore, please can PINs confirm that the examination of the DCO application will consider whether the applicant’s Environmental Statement adequately assesses the likely significant effects of the development on the environment from the project as a whole, and not just those activities that would be authorised by the DCO?
We are aware that it is the role of the marine licensing process to identify and secure any appropriate mitigation for marine works, and are only seeking clarification on the consideration of the assessment of potential environmental effects.
Advice given
Your letter requests confirmation from the Planning Inspectorate with regards to
matters in respect of the examination process. As previously advised, the Planning
Inspectorate confirms that it will be for the Examining Authority to decide how to
examine the application (Section 87(1) of the Planning Act 2008 (as amended));
however, this must be done in accordance with relevant legislation and policy. As I am
sure you will appreciate, the decision to apply the exception in accordance with
Regulation 10(1)(b) of the 2007 Regulations is a matter for NRW.
Paragraph 3.26 of the Secretary of State’s Scoping Opinion (June 2017) is consistent
with the responsibilities of the Secretary of State for projects located within Wales.
These responsibilities do not extend to consenting licensed marine works, which are
the responsibility of NRW. The Planning Inspectorate can confirm that ES adequacy
and the examination of environmental information will be undertaken by the
Examining Authority. The examination will be primarily concerned with the works that
the DCO, if granted, would authorise.
