The Electricity (Northern Ireland) Order 1992

Article 39(8).

SCHEDULE 8 N.I. CONSENTS UNDER ARTICLES 39 AND 40

Applications for consent N.I.

1.—(1) An application for a consent under Article 39 or 40 shall be in writing and shall describe by reference to a map the land to which the application relates, that is, the land— N.I.

(a) on which the generating station is proposed to be constructed, extended or operated; or

(b) across which the electric line is proposed to be installed or kept installed.

(2) An application for a consent under Article 40 shall also state—

(a) the length of the proposed line and its nominal voltage; and

(b) whether all wayleaves have been agreed with owners and occupiers of land proposed to be crossed by the line,

and shall be supplemented, if the Department so directs, by such additional information as may be specified in the direction.

(3) Regulations may make provision for determining the fees to be paid on applications for consent under Article 39 or 40, and the circumstances in which they are to be paid.

Prospective

[F1 Objections N.I.

F1 Sch. 8 paras. 1A-1C and preceding cross heading inserted (prosp.) by Electricity Consents (Planning) (Northern Ireland) Order 2006 (S.I. 2006/2955 (N.I. 19), arts. 1(2), 2(3)

1A.— (1) Regulations shall make provision for securing— N.I.

(a) that notice of any application for consent under Article 39 or 40 is, in such circumstances as may be prescribed, published in such manner as may be prescribed;

(b) that notice of any such application is served—

(i) by the Department on the Department of the Environment;

(ii) on such district council or councils as the Department may direct; and

(iii) in such circumstances as may be prescribed or where the Department so directs, on such other persons as may be prescribed or, as the case may be, specified in the direction;

(c) that every notice published or served in pursuance of the regulations states the period (not being less than such minimum period as may be prescribed) within which, and the manner in which, objections to the application may be made to the Department.

(2) In relation to applications for consent under Article 39 to the extension of a generating station or to the operation of such a station in a different manner, regulations under this paragraph may include provision for enabling the Department to give directions dispensing with the requirements of the regulations in such cases as it thinks fit.

(3) Where in the case of an application for consent under Article 39 or 40 objections have been sent to the Department in pursuance of regulations made under this paragraph, the Department shall—

(a) consider those objections, together with all other material considerations; and

(b) determine whether an inquiry should be held with respect to the application.

(4) If the Department thinks it appropriate to do so, the Department shall (in exercise of its powers under Article 66), cause an inquiry to be held.

(5) If the Planning Appeals Commission is appointed to conduct the inquiry, the inquiry shall be conducted—

(a) if rules under Article 66(2) so provide, in accordance with such rules;

(b) in any other case, in accordance with [F2 section 204(5) of the Planning Act(Northern Ireland) 2011].

(6) Before determining whether to grant any consent under Article 39 or 40 the Department shall consider—

(a) any objections which have been sent to the Department in pursuance of regulations made under this paragraph; and

(b) where an inquiry has been held in respect of the application for the consent, the report of the inquiry.

F2 Words in Sch. 8 para. 1A(5)(b) substituted (13.2.2015 for certain purposes otherwise 1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 252, 254(1), Sch. 6 para. 63(a) (with s. 211); S.R. 2015/49, arts 2, 3, Sch. 1 (with transitional provisions in Sch. 2) (but this amendment cannot take effect until the commencement of S.I. 1992/231 (N.I. 1), Sch. 8 para. 1A)

Prospective

Inquiries N.I.

1B.— (1) Where in accordance with paragraph 1A(4) an inquiry is to be held in respect of an application for consent under Article 39 or 40, the Department shall inform the applicant accordingly. N.I.

(2) The applicant shall in two successive weeks publish a notice stating—

(a) the fact that the application has been made, and the purpose of it, together with a description of the place to which it relates;

(b) a place in the vicinity where a copy of the application, and of the map referred to in it, can be inspected; and

(c) the place, date and time of the inquiry.

(3) A notice under sub-paragraph (2) shall be published in at least two newspapers circulating among persons likely to be affected if the consent applied for is given.

(4) If it appears to the Department that, in addition to the publication of a notice in accordance with sub-paragraphs (2) and (3), further notification of the inquiry should be given (either by the service of notices, or by advertisement, or in any other way) in order to secure that the information specified in sub-paragraph (2)(a) to (c) is sufficiently made known to persons likely to be affected if the consent applied for is given, the Department may direct the applicant to take such further steps for that purpose as may be specified in the direction.

(5) Where in accordance with paragraph 1A(4) an inquiry is to be held in respect of an application for consent under Article 40 and the Department is proceeding concurrently as mentioned in Article 65(4), the inquiry shall extend to all the matters arising in the concurrent proceedings, and any notice of the inquiry (in addition to any other matters required to be stated in it) shall indicate the extent of the inquiry accordingly.

Prospective

Additional inspectors N.I.

1C.— (1) This paragraph applies in the case where a single individual (“the lead inspector”) is appointed to conduct— N.I.

(a) an inquiry by virtue of paragraph 1A(4); or

(b) an inquiry which is a combination under Article 66(3) into one inquiry—

(i) of two or more such inquiries; or

(ii) of one or more such inquiries and one or more other inquiries.

(2) At any time after appointing that individual, the Department may direct him—

(a) to consider such matters relating to the conduct of the inquiry as are specified in the direction; and

(b) to make recommendations to the Department about those matters.

(3) After considering the recommendations of the lead inspector, the Department may—

(a) appoint for the purposes of the inquiry such number of additional inspectors as it thinks appropriate; and

(b) direct that each additional inspector shall consider such of the matters to which the inquiry relates as are allocated to him by the lead inspector.

(4) An additional inspector shall—

(a) comply with every direction as to procedural matters given to him by the lead inspector; and

(b) report to the lead inspector on every matter allocated to him.

(5) It is to be for the lead inspector to report to the Department on the consideration of both—

(a) the matters which he considered himself; and

(b) the matters the consideration of which was allocated to additional inspectors.

(6) The power of the Department to give directions to the lead inspector may be exercised on one or more different occasions after the appointment of the lead inspector.

(7) Accordingly—

(a) the recommendations that may be made by the lead inspector following such a direction include, in particular, a recommendation for varying the number of additional inspectors; and

(b) the power of the Department to appoint an additional inspector includes power to revoke such an appointment.

(8) In the case of a lead inspector appointed as mentioned in sub-paragraph (1)(b)(ii), references in this paragraph to the Department are to be read as references to the Department concerned within the meaning of Article 66(4).]

Special provisions as to consents under Article 40 N.I.

2.—(1) Where an application for consent under Article 40 states that all wayleaves have not been agreed with owners and occupiers of land proposed to be crossed by the electric line, the Department may— N.I.

(a) give notice to the applicant that the Department does not intend to proceed with the application until the Department is satisfied, with respect to all the land over which wayleaves have not been agreed, that the applicant has applied to the Department for consent under paragraph 10 (acquisition of wayleaves) of Schedule 4; or

(b) grant consent subject to the condition (either in respect of the whole of the line or in respect of any part of it specified in the consent) that the work is not to proceed until the Department has given permission.

(2) In determining at any time whether to give permission for any work to proceed, either generally or in respect of any part of the line, the Department—

(a) shall have regard to the extent to which the wayleaves have been agreed by that time; and

(b) in so far as any such wayleaves have not then been agreed in respect of any part of the line, shall take into account any prejudicial effect which, in the opinion of the Department, the giving of permission (whether in respect of that part or of any adjacent part of the line) might have on any subsequent proceedings relating to the outstanding wayleaves.

Prospective

[F3 Deemed planning permission, etc. N.I.

F3 Sch. 8 para. 3 added (prosp.) by Electricity Consents (Planning) (Northern Ireland) Order 2006 (S.I. 2006/2955 (N.I. 19), arts. 1(2), 2(4)

3.— (1) On granting a consent under Article 39 or 40 in respect of any operation or change of use that constitutes development, the Department may direct that planning permission for that development and any ancillary development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction. N.I.

(2) The provisions of the [F4 Planning Act (Northern Ireland) 2011 (except section 58] (appeals)) shall apply in relation to any planning permission deemed to be granted by virtue of a direction under this paragraph as if it had been granted by [F5 a council on an application under that Act].

(3) On granting a consent under Article 39 in respect of any operation or change of use that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the Department may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(4) Before giving a direction under sub-paragraph (3) the Department shall consult—

(a) the Department of the Environment; and

(b) the Health and Safety Executive for Northern Ireland.

(5) The provisions of the [F6 Planning Act (Northern Ireland) 2011 (except section 115] (appeals)) shall apply in relation to any hazardous substances consent deemed to be granted by virtue of a direction under this paragraph as if it had been granted by [F7 a council on an application under that Act].

(6) [F8 Section 242 of the Planning Act (Northern Ireland) 2011] shall have effect as if planning permissions and hazardous substances consents deemed to be granted by virtue of a direction under this paragraph were included in the list of matters in paragraph (1) of [F9 that Act].

(7) In this paragraph —

(a) “ancillary development”, in relation to development consisting of the extension of a generating station, does not include any development which is not directly related to the generation of electricity by that station;

(b) expressions which are also used in the Planning (Northern Ireland) Order 1991 have the same meanings as in that Order.]

F4 Words in Sch. 8 para. 3(2) substituted (13.2.2015 for certain purposes otherwise 1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 252, 254(1), Sch. 6 para. 63(b)(i) (with s. 211); S.R. 2015/49, arts 2, 3, Sch. 1 (with transitional provisions in Sch. 2) (but this amendment cannot take effect until the commencement of S.I. 1992/231 (N.I. 1), Sch. 8 para. 3)

F5 Words in Sch. 8 para. 3(2) substituted (13.2.2015 for certain purposes otherwise 1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 252, 254(1), Sch. 6 para. 63(b)(ii) (with s. 211); S.R. 2015/49, arts 2, 3, Sch. 1 (with transitional provisions in Sch. 2) (but this amendment cannot take effect until the commencement of S.I. 1992/231 (N.I. 1), Sch. 8 para. 3)

F6 Words in Sch. 8 para. 3(5) substituted (13.2.2015 for certain purposes otherwise 1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 252, 254(1), Sch. 6 para. 63(c)(i) (with s. 211); S.R. 2015/49, arts 2, 3, Sch. 1 (with transitional provisions in Sch. 2) (but this amendment cannot take effect until the commencement of S.I. 1992/231 (N.I. 1), Sch. 8 para. 3)

F7 Words in Sch. 8 para. 3(5) substituted (13.2.2015 for certain purposes otherwise 1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 252, 254(1), Sch. 6 para. 63(c)(ii) (with s. 211); S.R. 2015/49, arts 2, 3, Sch. 1 (with transitional provisions in Sch. 2) (but this amendment cannot take effect until the commencement of S.I. 1992/231 (N.I. 1), Sch. 8 para. 3)

F8 Words in Sch. 8 para. 3(6) substituted (13.2.2015 for certain purposes otherwise 1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 252, 254(1), Sch. 6 para. 63(d)(i) (with s. 211); S.R. 2015/49, arts 2, 3, Sch. 1 (with transitional provisions in Sch. 2) (but this amendment cannot take effect until the commencement of S.I. 1992/231 (N.I. 1), Sch. 8 para. 3)

F9 Words in Sch. 8 para. 3(6) substituted (13.2.2015 for certain purposes otherwise 1.4.2015) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 252, 254(1), Sch. 6 para. 63(d)(ii) (with s. 211); S.R. 2015/49, arts 2, 3, Sch. 1 (with transitional provisions in Sch. 2) (but this amendment cannot take effect until the commencement of S.I. 1992/231 (N.I. 1), Sch. 8 para. 3)