Planning Act 2008 (c. 29)

Part 3 E+W+S Nationally significant infrastructure projects

Waste water E+W

29 Waste water treatment plants E+W

(1) The construction of a waste water treatment plant is within section 14(1)(o) only if the treatment plant (when constructed)—

(a) will be in England, and

(b) is expected to have a capacity exceeding a population equivalent of 500,000.

[F1 (1A) The construction of infrastructure for the transfer or storage of waste water is within section 14(1)(o) only if —

(a) the works will be carried out wholly in England and the infrastructure will (when constructed) be wholly in England,

(b) the main purpose of the infrastructure will be—

(i) the transfer of waste water for treatment, or

(ii) the storage of waste water prior to treatment,

or both, and

(c) the infrastructure is expected to have a capacity for the storage of waste water exceeding 350,000 cubic metres.]

(2) The alteration of a waste water treatment plant is within section 14(1)(o) only if—

(a) the treatment plant is in England, and

(b) the effect of the alteration is expected to be to increase by more than a population equivalent of 500,000 the capacity of the plant.

[F2 (2A) The alteration of infrastructure for the transfer or storage of waste water is within section 14(1)(o) only if—

(a) the works will be carried out wholly in England and the part of the infrastructure to be altered is wholly in England,

(b) the main purpose of the infrastructure is —

(i) the transfer of waste water for treatment, or

(ii) the storage of waste water prior to treatment,

or both, and

(c) the effect of the alteration is expected to be to increase the capacity of the infrastructure for the storage of waste water by more than 350,000 cubic metres.]

(3) “Waste water” includes domestic waste water, industrial waste water and urban waste water.

(4) The following terms have the meanings given by regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/2841)—

• “domestic waste water”;

• “industrial waste water”;

• “population equivalent”;

• “urban waste water”.

Textual Amendments

F1 S. 29(1A) inserted (23.6.2012) by The Infrastructure Planning (Waste Water Transfer and Storage) Order 2012 (S.I. 2012/1645), arts. 1(1), 2(3)(a) (with art. 3)

F2 S. 29(2A) inserted (23.6.2012) by The Infrastructure Planning (Waste Water Transfer and Storage) Order 2012 (S.I. 2012/1645), arts. 1(1), 2(3)(b) (with art. 3)

Commencement Information

I1 S. 29 in force at 6.4.2011 by S.I. 2011/705, art. 2