Consent Order (DCO) under procedures governed by the Planning Act 2008. The 2008 Act sets out thresholds above which certain types of infrastructure development are considered to be nationally significant and require a DCO to be granted (for offshore energy developments for example, this threshold is projects with a generating capacity of over 100MW).
41.
The Planning Inspectorate is the agency responsible for administering the planning process for NSIPs. Any developer wishing to construct an NSIP must apply for a DCO. For such projects, the Planning Inspectorate examines the application and will make a recommendation to the relevant Secretary of State, who will make the decision on whether to grant or to refuse development consent.
3.3.3.2 National Policy Statements (NPS) 42. NPSs are produced by Government and set out national policy against which proposals for NSIPs will be assessed and decided on by the Planning Inspectorate. Consent decisions will be taken within the clear policy framework set out in the NPSs, making these decisions as transparent as possible. The Planning Inspectorate will use NPSs in its examination of applications for development consent, and Ministers will use them when making decisions. NPSs include the Government’s objectives for the development of nationally significant infrastructure in a particular sector. This includes:
43.
How these objectives will contribute to sustainable development; How these objectives have been integrated with other government policies; How actual and projected capacity and demand have been taken into account; Relevant issues in relation to safety or technology;
Circumstances where it would be particularly important to address the adverse impacts of development; and
A clear framework for investment and planning decisions.
The Department of Energy and Climate Change (DECC) has produced twelve NPSs, six of which are relevant to energy. The three NPSs of relevance to the proposed East Anglia THREE project are:
EN-1 Overarching Energy;
Preliminary Environmental Information May 2014
East Anglia THREE Offshore Windfarm
Chapter 3 Policy and Legislative Context Page 9
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