Cyngor i SKM Enviros

Ymholiad

• Oddiwrth: SKM Enviros
• Y dyddiad y rhoddwyd y cyngor: 7 Gorffennaf 2010
• Math o ymholiad: Email

Section 16 of the Planning Act 2008 states when an electric line should be considered as an NSIP. However, I assume that this refers to permanent lines? There is often the need for ‘temporary’ overhead lines to maintain connection during works. These ‘temporary’ lines may be in situ for 2-3 years. My question is, are these ‘temporary’ lines subject to IPC consent (they would be greater than 132kV and not on land owned / controlled by the installer) or is there a time limit for ‘temporary’ overhead lines that exempts them from IPC?

Cyngor a roddwyd

Thank you for your query regarding electric lines.

The advisory service we provide is primarily concerned with the procedural aspects of the new planning regime . As you may appreciate, it is outside of our remit to advise whether a proposal is a Nationally Significant Infrastructure Project (NSIP), and if it is what should be included within any such application. Nor can we advise about the merits of any particular application or proposed application.

An applicant or potential applicant must be satisfied that the thresholds and other provisions within the Planning Act 2008 (the 2008 Act) and the Regulations made under it have been met and complied with as appropriate. We would therefore suggest that you seek your own legal advice upon which you can rely.

We can though confirm that there is no express power under the 2008 Act to grant temporary consents. We would also draw your attention to paragraph 6, of Part 1, Schedule 5 of the 2008 Act , keeping electric lines installed above ground, which can be a matter that is ancillary to development.

As you may know, a development consent order (DCO) combines multiple consents into one single consent. In this regard, we would refer you to s.33(1)(h) of the 2008 Act , where reference is made to consent not being required under Section 37 of the Electricity Act 1989 where a DCO is required.

We have also provided links below to statutory instruments which relate to s16 of the 2008 Act. The links to the relevant provisions are as follows:-

The Overhead Lines (Exemption)(England and Wales) Regs 2009/640 (2009 Regs) disapplied Section 37 of the Electricity Act 1989 to various specified minor works i.e. Section 37 consent was not required in the circumstances set out in this SI. These Regulations came into force on 6th April 2009.

http://www.opsi.gov.uk/si/si2009/uksi_20090640_en_1

This position was not carried over when the relevant sections of the 2008 Act came into force. Consequently, The Overhead Lines (Exempt Installations) Order SI 2010/277 amended Section 16(3) of the 2008 Act. This came into force on 1st March 2010. Its effect is to make it the case that the installation of an overhead line is not an NSIP if it is exempt from the requirement for consent under Section 37 of the Electricity Act 1989 consent by virtue of the 2009 Regs.

http://www.opsi.gov.uk/si/si2010/uksi_20100277_en_1

The Overhead Lines (Exempt Installations) (Consequential Provisions) Order 2010/29 has the effect, from 1st March 2010, of amending the 2009 Regs. This Order has the effect of ensuring that minor works, which are exempt under the 2009 Regs when they are to be carried out in respect of an existing line where consent has already been given under the Electricity Act 1989, will also be exempt when they are to be carried out in respect of an existing line where consent has previously been given under the 2008 Act (for an overhead line that is an NSIP).

http://www.opsi.gov.uk/si/si2010/uksi_20100029_en_1

I hope this has been of use.

In order to give you further, more specific, advice on this matter we would though need to receive more details as to the factual background to your query.