Register of advice

The list below is a record of advice the Planning Inspectorate has provided in respect of the Planning Act 2008 process.

There is a statutory duty under section 51 of the Planning Act 2008 to record the advice that is given in relation to an application or a potential application and to make this publicly available. Advice we have provided is recorded below together with the name of the person or organisation who asked for the advice and the project it relates to. The privacy of any other personal information will be protected in accordance with our Information Charter which you should view before sending information to the Planning Inspectorate.

Note that after a project page has been created for a particular application, any advice provided that relates to it will also be published under the ‘s51 advice’ tab on the relevant project page.

Advice given between between 1 October 2009 and 14 April 2015 has been archived. View the archived advice.

Enquiry received via email

General

09 July 2015
Mr Heer Peter Brett Associates

Enquiry

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:
attachment 1 , please note that the address will shortly change to: attachment 2
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: attachment 3 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.


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