Wylfa Newydd Nuclear Power Station
Query on sections 14 and 15 of the Planning Act 2008.
Please see below advice regarding your query on sections 14 and 15 of the Planning Act 2008.
This is just to confirm the advice that we gave you at the workshop on 25 February in relation to an apparent inconsistency between s14(7)(b) and s15(2)(a) of the 2008 Planning Act as amended by the Localism Act 2011 (PA 2008) as s14(7)(b) only refers to waters adjacent to England.
The purpose of s14(7) is to define the circumstances in which s14(3) can be excercised. In other words s14(7) provides that the Secretary of State (SoS) may only add new types of projects to the 2008 PA regime if they are located in any of the geographic areas set out in s14(7). As Wales or waters adjacent to Wales are not mentioned in s14(7) the SoS does not have any powers to add any additional projects to the regime in Wales.
S15(2)(b) on the other hand relates back to ss15(1) and 14(1)(a), i.e. a project type designated a 'nationally significant infrastructure project' in the Act by s14(1)(a) as long as it meets the criteria set out in s15(2) or (3).
As s14(7)(b) does not condition the definition of projects falling under ss14(1)(a) and 15(1) there is no discrepancy between the two.