Measures to reduce overhead power line regime red tape proposed

It has issued three short consultations to seek industry feedback on the proposals. The consultations are open until 27 November.

Energy Minister Greg Barker said that the changes would result in a fairer process for developers and for landowners; would reduce planning red tape for developers, and would ultimately save money for taxpayers.

"When it comes to dealing with applications for overhead power lines, we need a regime that provides certainty and clarity for developers and communities alike," he said. "We are proposing minor technical changes that will bring the current system up to date and ensure that much-needed investment in electricity networks is not unnecessarily held up."

The installation of an electric line that run above ground are currently classified as 'nationally significant infrastructure projects' (NSIPs) under the Planning Act. Under the Planning Act, NSIPs are subject to a unique planning regime that applies to major infrastructure projects such as large power stations and applications for Development Consent Orders (DCOs) must be submitted to the Planning Inspectorate. The Government has proposed amending the Planning Act so that "minor works" to high voltage power lines that do not qualify as a NSIP  can instead be considered under the Electricity Act, which provides a more flexible regime.

The Government said that it had "become apparent" that the existing process had resulted in disproportionate scrutiny of minor works. Its proposal was not intended as a policy change, but would instead establish a "more proportionate and cost-effective" approach while still allowing local authorities and communities to have their say, it said. It is also consulting on revised fees payable by developers for processing Electricity Act development consent applications, to bring these more into line with the associated administrative costs.

A further consultation proposes modernisations to 'necessary wayleave' laws, which cover statutory rights of access across private land. Necessary wayleaves are one way for electricity network operators to secure the right to run electric lines across land where it is considered to be in the public interest for them to do so, but where they are unable to reach voluntary agreement with the owners or occupiers of the land in question.

Under existing rules, a Necessary Wayleaves hearing must take place in every case where there is a dispute between a developer and a landowner. The consultation proposes allowing written representations to be made in circumstances where all parties agree, and the introduction of a formal procedure for hearing applications relating to vegetation management where this poses a risk to safety or security of supply.

The consultation also explores the possibility of introducing a scale of fees, payable by developers to the Government, for the processing of applications for necessary wayleaves. Applications and hearing procedures are currently free at the point of use, with costs met by the taxpayer.