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The Planning Act 2008 (Nationally Significant Infrastructure Projects) (Electric Lines) Order 2013
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- 2013 No. 1479
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EXPLANATORY NOTE
(This note is not part of the Order)
The installation of an electric line which is classed as a nationally significant infrastructure project is subject to the development consent processes set out in the Planning Act 2008 (“the 2008 Act”), whereas the installation of an electric line which is not a nationally significant infrastructure project is subject to the consent process under section 37 Electricity Act 1989 (“the 1989 Act”). In the case of both the 2008 Act and the 1989 Act, certain minor works are exempted from the requirement for consent by the Overhead Lines (Exemption) (England and Wales) Regulations 2009 (“the 2009 exemption regulations”). Section 16(3) of the 2008 Act specifies which installations of electric lines constitute a nationally significant infrastructure project for the purposes of the Act, by excluding various classes of installation.
This Order amends section 16(3) of the 2008 Act to provide two new categories of electric line installation which are no longer considered nationally significant infrastructure projects, and are therefore subject to the consents process under the 1989 Act rather than the 2008 Act.
Article 2(a) of the Order inserts subsections (3)(aa) and (3)(ab) into section 16 of the 2008 Act. Subsection (3)(aa) provides that an electric line (of any voltage) which is less than 2km in length is not a nationally significant infrastructure project. Subsection (3)(ab) provides that the replacement of an existing line with a new line of a greater voltage is not a nationally significant infrastructure project if: the new line supports are no more than 10% higher than the existing supports, and the new line is no more than 60 metres from the position of the existing line (in which case the existing line must be removed within 12 months of the installation of the new line). Subsection (3)(ab)(ii) provides that the nominal voltage of the replacement line will be greater than the existing line, in order to avoid any overlap with the 2009 exemption regulations.
Article 2(b) of the Order inserts subsection (3A) which provides that subsection (3)(ab)(ii) does not apply where part of the line is in a site of special scientific interest or a European site, as such lines are not covered by the 2009 exemption regulations.
Article 2(c) of the Order substitutes subsection (4) in order to insert the relevant definitions.
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