The Carbon Capture Readiness (Electricity Generating Stations) (Amendment) (Wales) Regulations 2019

Applications for relevant planning permission: determination of carbon capture readiness and requirements to be imposed where CCR conditions are met

5.  After regulation 6 (variations of section 36 consents) insert—

“Applications for planning permission: determination of carbon capture readiness and requirements to be imposed where CCR conditions are met

6A.— (1) The relevant planning authority must not grant a relevant planning permission unless the relevant planning authority has determined whether the CCR conditions are met in relation to the combustion plant to which the planning permission relates.

(2) The relevant planning authority’s determination under paragraph (1) must be made on the basis of—

(a) a CCR assessment of the combustion plant prepared by the person who made the application for the relevant planning permission; and

(b) any other available information, particularly concerning the protection of the environment and human health.

(3) If the relevant planning authority—

(a) determines that the CCR conditions are met in relation to a combustion plant; and

(b) decides to grant a relevant planning permission in respect of that plant,

the relevant planning authority must include a requirement in the relevant planning permission that suitable space is set aside for the equipment necessary to capture and compress all of the CO₂ that would otherwise be emitted from the plant.

(4) In this regulation, in the case of a planning permission for an extension to a combustion plant which will have the effect of increasing the rated electrical output of the plant to between 300 and 350 megawatts, references to a “combustion plant” are references to that plant as extended.”