Planning Act 2008 (c. 29)

Part 3 E+W+S Nationally significant infrastructure projects

Water E+W

28 Transfer of water resources E+W

(1) Development relating to the transfer of water resources is within section 14(1)(n) only if—

(a) the development will be carried out in England by one or more water undertakers,

[F1 (b) it is expected that—

(i) the deployable output of the facility to be constructed as a result of the development will exceed 80 million litres per day, or

(ii) the additional deployable output of the facility to be altered as a result of the development will exceed 80 million litres per day,]

(c) the development will enable the transfer of water resources—

(i) between river basins in England,

(ii) between water undertakers' areas in England, or

(iii) between a river basin in England and a water undertaker's area in England, and

(d) the development does not relate to the transfer of drinking water.

(2) In this section—

• “river basin” means an area of land drained by a river and its tributaries;

• “water undertaker” means a company appointed as a water undertaker under the Water Industry Act 1991;

• “water undertaker's area” means the area for which a water undertaker is appointed under that Act.

Textual Amendments

F1 S. 28(1)(b) substituted (9.1.2019) by The Infrastructure Planning (Water Resources) (England) Order 2019 (S.I. 2019/12), arts. 1(1), 2(4)(b) (with arts. 3-5)

Commencement Information

I1 S. 28 in force at 1.1.2018 for E. by S.I. 2017/1078, art. 2(d)