Cyngor i Wardell Armstrong LLP

Ymholiad

• Oddiwrth: Wardell Armstrong LLP
• Y dyddiad y rhoddwyd y cyngor: 13 Medi 2011
• Math o ymholiad: Email

I wonder if you can clarify whether the under-grounding of an electricity line would fall under the remit of the IPC?

The project is on the outskirts of Bristol and will be a 1km length of electricity line, currently carried by above ground pylons. My client wishes to underground this short length of cable to facilitate a housing development. The line carries a voltage above 132 kilovolts.

I have looked at section 16 of the Planning Act 2008 and it would seem that the scheme would not be an IPC project. However my client seems convinced that it is. I hope you can clarify.

Cyngor a roddwyd

It is for applicants to determine whether their scheme constitutes a Nationally Significant Infrastructure Project (NSIP) under the Planning Act 2008 (the Act), taking their own legal advice upon which they can rely where necessary. The IPC is unable to determine this question until an application has been received. The IPC can though give advice on making an application under s.51 of the Act, and to this end, you may wish to note the following:-

In relation to electric lines, s.14(1)(b) of the Act refers to a ‘nationally significant infrastructure project’ as a project which consists of the ‘installation of an electric line above ground’. s.16 of the Act sets out the circumstances when the installation of an electric line may constitute an NSIP, and includes an above ground electric line in England which, when installed, is expected to have a nominal voltage of 132kv or more.

You will note that there is no threshold in s.16 setting out a minimum length for such overhead electric lines, and so it is possible for a short, possibly connecting, length of such line to constitute an NSIP. You will also note the exception set out in s.16(3)(b), and the exemption Regulations referred to in s.16(3)(c) of the Act.

In order that we can give further advice on this matter, you may wish to let us have more details of the proposed scheme, and your client may wish to explain their reasoning for concluding that their proposed scheme constitutes an NSIP. In the meantime, please let me know if you have any queries in relation to the above'.