Supplementary memorandum submitted by
the Department of Energy and Climate Change
NOTE ON
CONSIDERATION OF
AN APPLICATION
FOR SITES
NOT LISTED
IN THE
NUCLEAR NPS
The Energy and Climate Change Select Committee
requested a note from DECC on the procedure to be followed for
any application for development consent for a new nuclear power
station on a site not listed in the Nuclear NPS.
The draft Nuclear NPS says:
1.3.4 "It is Government policy that
the IPC should only be able to grant development consent for a
new nuclear power station in relation to a sites that the Government
has assessed to be potentially suitable. This is to ensure development
consent applications for sites listed in the NPS have been:
— Assessed strategically by the Government
using criteria that have been subject to public consultation;
— Subject to an Appraisal of Sustainability
(AoS) that incorporates the requirements of the Strategic Environmental
Assessment (SEA) Directive;
— Subject to a strategic level Habitats
Regulations Assessment (HRA); and
— Been the subject of public consultation
and Parliamentary scrutiny.
1.3.5 Accordingly, the NPS only has effect
in relation to applications for the development of new nuclear
power stations on sites listed in this NPS. This means that the
IPC has the function of deciding applications in relation to the
development of new nuclear power stations only on those sites.
In the event that a development consent application for a new
nuclear power station is submitted to the IPC for a site not listed
in this NPS, that application would need to be decided by the
Secretary of State".
This is supported and augmented by the following
text which appears at paragraphs 5.27-5.30 of the Consultation
Document which accompanied the Energy NPSs:
SITES NOT
LISTED IN
THE NUCLEAR
NPS
"5.27 The Government has conducted an
extensive exercise to identify potentially suitable sites for
new nuclear power stations deployable by the end of 2025. That
search has only identified ten sites which the Government considers
to be both potentially suitable and deployable by the end of 2025,
and those sites are listed in the draft Nuclear NPS.
5.28 The effect of the Nuclear NPS is limited
to the development of new nuclear power stations on the sites
listed in the Nuclear NPS. This means that the IPC does not have
the function of deciding applications for the development of new
nuclear power stations on sites which are not listed in the Nuclear
NPS.
5.29 Any application for development consent
for a new nuclear power station on a site which is not listed
in the Nuclear NPS would be decided by the Secretary of State;
the IPC would examine the application and make a recommendation
to the Secretary of State on it. In considering any such application,
as well as having regard to the recommendation from the IPC and
the matters set out in section 105(2) of the Planning Act, the
Secretary of State could also expect to have regard to:
— the Strategic Siting Assessment (SSA)
criteria, including consideration of whether or not it is necessary
to review the criteria or conduct a further SSA; and
— the need for new nuclear generation
capacity and wider energy policy, where relevant.
5.30 Specifically, in the event that a developer
made an application early in the period between now and 2025,
the Government would expect the developer to be able to demonstrate
that the site is suitable for the deployment of new nuclear power
stations by the end of 2025."
The Department will consider in the light of
comments received during the public consultation and parliamentary
scrutiny, whether there is a need to make any changes to the Nuclear
NPS to clarify the position covered by this note.
Department of Energy and Climate Change
17 February 2010
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