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Electricity Development Consents

The Department of Business, Enterprise & Regulatory Reform administers the provisions of the Electricity Act 1989 and the Transport and Works Act 1992* (for offshore wind farms only) for developers seeking development consents from the Secretary of State for the construction of electricity generating stations and for overhead lines.

When consents may be required

The Department administers the provisions of the Electricity Act 1989 for developers seeking development consents from the Secretary of State for the construction of electricity generating stations for generating stations of over 50 MW (onshore) or over 1 MW only up to limits of territorial waters (offshore) and for overhead lines and associated permissions (necessary wayleaves, compulsory purchase orders) in England and Wales. Applications under the Electricity Act in Scotland are handled by the Scottish Executive.

The Department also administers the provisions of the Transport and Works Act 1992 in respect of energy related applications in UK territorial waters adjoining England. For similar development in territorial waters adjacent to Wales, the National Assembly, takes the decision. (NB the Transport and Works Act does not apply in Scotland.)

Power Station and Overhead Line consents (onshore)

Section 36 (power stations) and section 37 (overhead lines) are comprehensive procedures in which the views of the local planning authority, the local people, statutory bodies such as the Environment Agency, Natural England/Countryside Council for Wales, and other interested parties can be brought into the decision making. All applications are routed to the local planning authority and will therefore appear on the local planning register. In certain circumstances a public inquiry may be called before the Secretary of State takes her decision.

Power stations (offshore)

In addition to section 36 consent under the Electricity Act a number of other Government consents/licences may be required for offshore generation stations. Details on the process for obtaining the necessary consents are set out in Offshore Windfarm Consents Process Guidance Notes.

In processing applications the Department considers the environmental consequences of what is proposed. European wide requirements on environmental impact assessment of development are applied through the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 (see 'External Links). The Regulations updated existing requirements and guidance notes have been produced to accompany them.

Power stations fuelled by oil or natural gas

Power stations of 10 MW or more also require energy policy clearance under section 14 (1) of the Energy Act 1976 if they are to be fuelled by oil or natural gas. This is administered by the Department on a Great Britain basis i.e. England, Wales and Scotland.

In bringing forward power station proposals (except renewable energy projects) under section 36 and under section 14 developers are required to show they have explored opportunities to use combined heat and power and the Department has published guidance in English or in Welsh on implementing that requirement. The guidance sets out background information on the requirement and provides a list of useful contacts to help in that exercise.

Wayleaves and compulsory purchase orders

The Department also administers necessary (i.e. compulsory) wayleaves and compulsory purchase orders sought by electricity companies. Guidance for applicants and landowners and/or occupiers on the necessary wayleave procedure has been published. For compulsory purchase no guidance has been published but the Department follows the practice laid down in planning circular 14/94 Compulsory Purchase Orders: Procedures.

Eddington/Barker Reviews

In December 2006, at the Pre-Budget Report, the Chancellor welcomed the Eddington and Barker reviews which both made recommendations for the planning systems that affect energy projects. In Spring 2007 the Government published a Planning White Paper setting out its proposals in response to Kate Barker's recommendations for land use planning, and for taking forward Kate Barker's and Rod Eddington's proposals for reform of major infrastructure planning. Links to further information can be found on the Treasury's relevant web pages (see 'External Links').