Advice to Stanley Gono
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- From
- Stanley Gono
- Date advice given
- 10 May 2010
- Enquiry type
Could you please advise whether or not Sections 36 & 37 of the Electricity Act 1989 has been disapplied by section 33(1) of the Planning Act 2008? Please explain the primary legislation and how planning consent process works for replacements to existing overhead electricity power lines and the construction of a new alignment? Could you please explain when the Department of Energy & Climate Change get involved in the consent process for overhead power lines. If the electricity power lines are existing and replacement pylons and new alignments are proposed, who determines the consents and under which legislation? If the electricity overhead power lines already cross a National Park in England, would the IPC still determine proposals for replacement and new lines or would the proposal fall to be determined by the National Park Authority? If these existing power lines already cross over several local authority boundaries, do these local authorities have any say in the consent process to be in line with their Local Development Framework documents? Kind regards, Stanley Gono Senior Planner Mott MacDonald Limited, Mott MacDonald House, 8-10 Sydenham Road, Croydon CR0 2EE. Tel: 02087742571; Fax: 02086815706.
Advice given
Please refer to Part 3 of the Planning Act 2008 (the 2008 Act) which states the proposals that are considered to be Nationally Significant Infrastructure Projects (NSIPs) and therefore require a development consent order from the Infrastructure Planning Commission (IPC). In accordance with section 33(1)(h)of the 2008 Act, when development consent is required under section 15 (Generating stations) or 16 (Electric lines) of the 2008 Act, consent under section 36 and 37 of the Electricity Act 1989 will not be required. Please refer to the thresholds in section 15 and 16 of the 2008 Act, where the thresholds are not met, the application will not be considered by the IPC. On 01 March 2010 exemptions were incorporated into section 16 of the Planning Act 2008. As a result, certain works (subject to restrictions and limitations) related to the installation of a line, will be exempt from the need for development consent. Section 16 (3) of the Planning Act 2008 now states: “The installation of an electric line above ground is not within section 14(1)b” (will not be considered a Nationally Significant Infrastructure Project and therefore will not require development consent) – (a)if the nominal voltage of the line is expected to be less than 132 kilovolts, (b)to the extent that (when installed) the line will be within premises in the occupation or control of the person responsible for its installation, or (c)if section 37(1) of the Electricity Act 1989 (consent required for overhead lines) does not apply to it by virtue of the Overhead Lines (Exemption) (England and Wales) Regulations 2009 (S.I. 2009/640), as amended by the Overhead Lines (Exempt Installations) (Consequential Provisions) Order 2010”. The links to the relevant provisions and the Planning Act 2008 are as follows:
The Planning Act: http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/ukpga_20080029_en.pdf Amendment to section 16 of the Planning Act 2008: http://www.opsi.gov.uk/si/si2010/uksi_20100277_en_1 Amendments to The Overhead Lines (Exemption) (England and Wales) Regulations 2009: http://www.opsi.gov.uk/si/si2010/uksi_20100029_en_1 The Overhead Lines (Exemption) (England and Wales) Regulations 2009: http://www.opsi.gov.uk/si/si2009/uksi_20090640_en_1
I do not feel that we have sufficient information to comment on whether a development consent order is required for each of the circumstances you have included. Therefore I advise you to view the above documents and if you require further explanation please contact us again with a detailed explanation of the individual circumstances and your view as to whether you feel the project is a NSIP.