Advice to Michele Lloyd

Enquiry

• From: Michele Lloyd
• Date advice given: 20 February 2011
• Enquiry type: Email

There is a Section 37 application by SP Manweb for a new 132kV power line being considered by DECC (reference BERR/2009/0005).

If landowners refuse to grant voluntary wayleaves/easements across their land and compulsory purchase orders are pursued for necessary wayleaves by the electricity company, will these applications and hearings be determined by the IPC (given that the applications for the necessary wayleaves will be made after 1 April 2010)?

Advice given

The IPC considers applications for Nationally Significant Infrastructure Projects (NSIPs) and was 'switched on' to receive applications for electric lines (amongst other forms of infrastructure) on 01 March 2010. Section 16 of the Planning Act 2008 (the Act) sets the thresholds for determining whether an electric line proposal is a NSIP. A link to the Act has been provided below for your information (please note that an addition has been made to section 16 since publication, incorporating exemptions to the requirement for development consent): http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/ukpga_20080029_en.pdf

Your query related specifically to whether the IPC would determine the applications and hearings if compulsory purchase orders are pursued by SP Manweb for necessary wayleaves. I can confirm that the IPC would not process applications for compulsory purchase orders if they are not submitted as part of a development consent application for a NSIP. Applicants for NSIPs may include compulsory acquisition within their application to the IPC, however as stated above this cannot be considered separately.