Decisions about major power projects in Wales will effectively be made in Wales just as much as they are in Whitehall thanks to existing planning laws says leading planning lawyer Nick Evans of Bircham Dyson Bell LLP.
"Much has been made of the proposal that the UK Energy Secretary and not the Welsh Government should be responsible for decision making on major power projects in Wales, but the amount of control that the planning system already gives to local planning authorities has been overlooked," explains Nick Evans.
"In both England and Wales, decisions on large scale
power projects - any power station or wind farm above 50MW, and the
transmission lines - are now taken by the IPC, and will soon
transfer back to the Secretary of State. But because of devolution,
ancillary planning for the surrounding infrastructure that is
required for such a large project, such as road changes,
substations, and control rooms, is treated differently. In England,
it's dealt with by the IPC together with the main project, but
it is still taken at a local level in Wales.
"It's impossible in practice to have a new power
station or electricity line without its associated development -
the ancillary things that are required to bring such a project to
fruition. The Welsh Government is still able to ensure that its
priorities are taken into account on any major project in Wales,
because planning was devolved, and the decision still rests with
the local planning authorities.
"In short, the Localism Bill does not interfere with this
devolution at all."
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