Mr Jones asked who makes the decision on whether a component of the proposal is associated development (i.e. subordinate to the NSIP) or if it forms part of the NSIP because it is integral to the development. Specific mention was made to the access tracks which leads to the body of the proposed wind farm.

As you are aware, s115(4) denotes that associated development in Wales is limited to surface works, boreholes or pipes associated with underground gas storage by a gas transporter in natural porous strata. At the pre-application stage, onus is on the developer to consider the legislation and guidance carefully before deciding if development is associated or integral to the NSIP.
It is worth studying the applicants Explanatory Memorandum (EM), a document forming part of the application made to the IPC, which describes their reasoning behind the inclusion of integral components which form the NSIP.
The enquirer asked if the Council could dispute the applicants reasoning?
Any concerns relating to the application can be raised when making a relevant representation. The Examining authority will assess the significance of the issues raised and establish if further exploration on matters should be discussed during the examination of the application. Ultimately, it is for the Examining authority to assess the application and information presented to them to decide whether development is associated development.