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Advice to Mr Heer Peter Brett Associates

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Enquiry

From
Mr Heer Peter Brett Associates
Date advice given
9 July 2015
Enquiry type
Email

Queries regarding overhead lines and their diversions.

Advice given

If an application is accepted for examination, an Examining Authority is appointed (either a single person or a panel) and they examine the application and make a recommendation to the relevant Secretary of State, in the case of electric lines this is the Department of Energy and Climate Change (DECC). The Secretary of State then makes the decision as to whether a DCO is made.

The National Infrastructure Planning website can be accessed on the following link: http://infrastructure.planningportal.gov.uk/ , please note that the address will shortly change to: http://infrastructure.planninginspectorate.gov.uk

Section 16 of the PA 2008 details the threshold at which an electric line is considered to be an NSIP, please note that a number of amendments have been made to this section and the version on the Legislation website is not up to date. In summary an electric line proposal is considered to be an NSIP if it is an installation of an electric line above ground in England or/and Wales, if the nominal voltage is expected to be 132kV or above and the length of the line is 2km or more.

Section 16 of the PA 2008 also details instances where a DCO under the PA 2008 is not required:

If: all of (ab)( i) to (iv) apply: (3)(ab)(i) the line will replace an existing line, (ii) the nominal voltage of the line is expected to be greater than the nominal voltage of the existing line (but see subsection (3A) of section 16), (iii) the height above the surface of the ground of any support for the line will not exceed the height of the highest existing support or support which is being replaced by more than 10 per cent, and (iv) where the line is to be installed in a different position from the existing line, the distance between any new support and the existing line will not exceed 60 metres and the existing line will be removed within twelve months from the date on which the installation of the line which replaces it is complete,

      or

(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.

(3A) Paragraph (ab)(ii) of subsection (3) (condition that nominal voltage of line expected to be greater than nominal voltage of existing line) does not apply if any part of the line (when installed) will be within a European site or an SSSI.

Please also refer to section 16(4) of the PA 2008 for further useful information on the interpretation of some of the above terms.

I would advise you to also consider section 37 of the Electricity Act 1989 (for proposals which are not considered to be NSIPs), DECC has produced the following guidance dated July 2014: https://www.og.decc.gov.uk/EIP/pages/S37GuidanceJuly2014.pdf paragraph 2.2 states:

The current position is that an application for a new overhead line that is: (a) an electric line of less than 132kV nominal capacity; (b) an electric line of any voltage that is less than 2 kilometres in length; or (c) an electric line replacing an existing line that meets certain tests, unless it is exempted; is submitted to the Secretary of State under section 37 of the Electricity Act 1989 and an application is made to DECC. The “certain tests” in category (c) above define whether a replacement electric line where the nominal capacity is being uprated will require consent under the Electricity Act 1989 or the Planning Act 2008.