SCHEDULES

C1SCHEDULE 14 Overhead lines: consent

Section 50.

Annotations:
Modifications etc. (not altering text)
C1

Sch. 14 (except paras. 8(2)(a), 12) applied (with modifications) (22.3.2001) by S.I. 2001/1451, art. 15(1), Sch. 3 para. 1(i)

Scope of Schedule

1

This Schedule applies to any electric line to which section 37(1) of the M1Electricity Act 1989 would apply, but for section 50(1) above.

Publicity

5

1

A person applying for consent under this Schedule shall publish notice of the application in two successive weeks in one or more local newspapers circulating in the area in which the land to which the application relates is situated (or in areas which together include that area).

2

A notice under sub-paragraph (1) above shall—

a

describe the route of the electric line to which the application relates,

b

specify a place in the locality where a copy of the application may be inspected,

c

state a time (not being less than 14 days from the date of publication) within which, and the manner in which, objections to the application may be made to the appropriate Ministers, and

d

if it relates to an application by the nominated undertaker, explain the effect of paragraph 8(2)(b) below.

3

Sub-paragraph (1) above shall not apply to an application for consent under this Schedule which relates only to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act.

4

If an application for consent under this Schedule relates partly to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act, so much of the application as relates to exercise of that power shall be disregarded for the purposes of sub-paragraphs (1) and (2) above.

5

If an application for consent under this Schedule is one in relation to which the applicant is subject to a duty under sub-paragraph (1) above, the appropriate Ministers shall not make any decision about the application until they are satisfied—

a

that the applicant has performed his duty under that provision, and

b

that the time allowed by the notice under that provision for making objections to the application has expired.

Consultation

6

1

Within 14 days of receiving an application for consent under this Schedule, the appropriate Ministers shall invite the relevant planning authority to make representations and shall not make any decision about the application until—

a

they have received representations from the authority about it,

b

they have been informed by the authority that it does not wish to make any representations about it, or

c

28 days have elapsed since the date of the invitation.

2

An invitation under sub-paragraph (1) above shall specify the time limit for making representations.

3

For the purposes of this paragraph, the relevant planning authority is—

a

in the case of a line in Greater London, the local planning authority, and

b

in the case of a line in Essex or Kent, the district planning authority.

7

1

If the appropriate Ministers consider that an application for consent under this Schedule relates to matters which may affect—

a

nature conservation,

b

the conservation of the natural beauty or amenity of the countryside, or

c

a site of archaeological or historic interest,

they shall, within 14 days of receiving the application, also invite the appropriate body or bodies to make representations.

2

Where under sub-paragraph (1) above the appropriate Ministers have invited a body to make representations about an application for consent under this Schedule, they shall not make any decision about the application until—

a

they have received representations from the body about the request,

b

they have been informed by the body that it does not wish to make any representations about the request, or

c

14 days have elapsed since the date of the invitation.

3

An invitation under sub-paragraph (1) above shall specify the time limit for making representations.

4

For the purposes of this paragraph, the following are appropriate bodies in relation to the following matters—

Matter

Body

Nature conservation.

F1English Nature

Conservation of the natural beauty or amenity of the countryside.

The F2Countryside Agency.

Sites of archaeological or historic interest.

The Historic Buildings and Monuments Commission for England.

Anticipatory applications

12

1

This paragraph applies where—

a

an application to the appropriate Ministers has been made in anticipation of the coming into force of this Schedule,

b

the application was made on or after 31st October 1996, and

c

the person by, or on whose behalf, the application was made—

i

is specified under section 34(1) above for purposes consisting of or including the construction of any works,

ii

is a member of the same group as a person who is so specified, or

iii

is the holder of a licence under section 6 of the M2Electricity Act 1989.

2

In that case—

a

the application,

b

any notice of the application published by the applicant,

c

any objections to the application made in response to any such notice,

d

any invitation by the appropriate Ministers to make representations about the application, and

e

any representations about the application, or statement about the wish to make representations about it, made in response to any such invitation,

shall have effect as if this Schedule had been in force at all material times.

3

In sub-paragraph (1)(c)(ii) above, “group” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the M3Companies Act 1985.

Interpretation

13

In this Schedule, references to the appropriate Ministers are to the Secretary of State for Trade and Industry and F3the Secretary of State for Transport acting jointly.