Advice to Daniel Chapman

Enquiry

• From: Daniel Chapman
• Date advice given: 15 April 2011
• Enquiry type: Email

Having read the Planning Act 2008 new overhead transmissions lines which are rated at over 132kV require an application to the IPC. Can you tell me whether an IPC application is required if an existing line is uprated to 400kV. The towers would not be changed. The only physical change would be the replacement of the actual cables and insulators. There would be changes within the sub-station although that would be wholly within the ownership of the possible applicant and therefore I believe outside of the responsibility of the IPC.

Advice given

Firstly I should inform you that the IPC cannot advise on the merits of applications for development consent orders (DCOs) or proposed such applications, give legal advice nor interpret legislation as the latter is a matter for the courts. Specifically we cannot advise on whether a proposal constitutes a Nationally Significant Infrastructure Project (NSIP) requiring development consent. We would therefore suggest that you take your own legal advice upon which you can rely. For further information on the IPC's policy on giving Section 51 advice please visit our website at http://infrastructure.independent.gov.uk/wp-content/uploads/2010/03/Policy-on-s.51-advice-giving.pdf Whether something is or forms part of an NSIP depends on whether the development concerned falls within the definitions in s.14-30 of the Planning Act 2008 (PA 2008) and this will depend on the facts. Electric lines may fall within s.16 if the conditions of that section are met. S.16 of PA 2008 states the following: 16. Electric lines (1) The installation of an electric line above ground is within section 14(1)(b) only if (when installed) the electric line will be— (a) wholly in England, (b) wholly in Wales, (c) partly in England and partly in Wales, or (d) partly in England and partly in Scotland, subject to subsection (2). (2) In the case of an electric line falling within subsection (1)(d), the installation of the line above ground is within section 14(1)(b) only to the extent that (when installed) the line will be in England. (3) The installation of an electric line above ground is not within section 14(1)(b)— (a) if the nominal voltage of the line is expected to be less than 132 kilovolts, 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. (4) “Premises” includes any land, building or structure. We would also refer you to to s.33(1)(h) of PA 2008, where reference is made to consent not being required under s.37 of the Electricity Act 1989 where development consent is required. We have also provided links below to statutory instruments which relate to s.16 of the PA 2008. The Overhead Lines (Exemption)(England and Wales) Regs 2009/640 (2009 Regs) disapplied s.37 of the Electricity Act 1989 to various specified minor works i.e. s.37 consent is not required in the circumstances set out in this SI. Consequently, The Overhead Lines (Exempt Installations) Order SI 2010/277 amended s.16(3) of PA 2008. 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 s.37 of the Electricity Act 1989 consent by virtue of the 2009 Regs. The Overhead Lines (Exempt Installations) (Consequential Provisions) Order 2010/29 has the effect, from 1st March 2010, of amending the 2009 Regs. Regulation 3 of the 2009 Regs lists exemptions from section 37(1) of the Electricity Act 1989 where consent has already been given under the Electricity Act 1989. Regulation 4 refers to limitations and Regulation 5 to restrictions on the exemptions contained in Regulation 3. One of the limitations on the exemptions is that the electric line does not have a nominal voltage greater than the nominal voltage of the existing line (Regulation 4 (1)(a)).