Statutory Instruments
2013 No. 1479
Electricity
Infrastructure Planning
The Planning Act 2008 (Nationally Significant Infrastructure Projects) (Electric Lines) Order 2013
Made
17th June 2013
Coming into force in accordance with article 1
The Secretary of State, in exercise of the powers conferred by section 14(3)(b) and (4) and section 232(3)(b) of the Planning Act 2008( 1 ), makes the following Order.
A draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 232(6) of that Act.
Citation and commencement
1. This Order may be cited as the Planning Act 2008 (Nationally Significant Infrastructure Projects) (Electric Lines) Order 2013 and comes into force on the day after the day on which it is made.
Exempt installations
2.Section 16 of the Planning Act 2008 is amended as follows—
(a) after subsection (3)(a) insert—
“ (aa) if the length of the line (when installed) will be less than two kilometres,
(ab) if—
(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)),
(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, ”
(b) after subsection (3) insert—
“ (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 . ”
(c) for subsection (4), substitute—
“ (4) In this section—
“European site” has the same meaning as in the Conservation of Habitats and Species Regulations 2010 ( S.I. 2010/490 );
“existing line” means an electric line which—
has been installed or is kept installed above ground in accordance with a consent granted under section 37(1) of the Electricity Act 1989 ( 2 ) or an order granting development consent; or
has been installed above ground and is an electric line to which section 37(1) of the Electricity Act 1989 does not apply by virtue of—
paragraph 5(4) or (5) of Schedule 17 to that Act, or
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 ( 3 ) ;
“premises” includes any land, building or structure;
“SSSI” means a site of special scientific interest notified under sections 28 to 28D of the Wildlife and Countryside Act 1981 ( 4 ) . ”
Transitional Provision
3. This Order shall not apply to any application for an order granting development consent where such application has been received by the Secretary of State prior to the date on which this Order comes into force.
Gregory Barker
Minister of State for Climate Change
Department of Energy and Climate Change
Date 17th June 2013
2008 c.29 . Section 16 was amended by S.I. 2010/277 .