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Electricity Development Consents

The Department of Business, Enterprise & Regulatory Reform (BERR) 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.

In processing applications the Department considers the environmental consequences of what is proposed. European wide requirements on environmental impact assessment of development are applied for the Electricity Act regime through the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000:

• Guidance on the Electricity Works (environmental impact assessment) (England and Wales) regulations 2000  (79KB)
  URN 01/789

These Regulations have recently been updated to reflect the EU’s Public Participation Directive:

• The Electricity Works (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2007: supplementary guidance note  (101KB)
  URN 07/1569

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 for Wales 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) of the Electricity Act 1989 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 1989 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 the guidance below:

• Guidance notes: offshore wind farm consents process  (210KB)
  URN 04/1710

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.

Exploring CHP

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. The Department has updated its guidance (in English and Welsh) on implementing that requirement. The guidance sets out background information on the requirement, provides a list of useful contacts to help in that exercise and is available below:

• Guidance on background information to accompany notifications under section 14(1) of the Energy Act 1976 and applications under section 36 of the Electricity Act 1989: December 2006  (75KB)
  URN 06/2138
• Canllawiau ar yr wybodaeth gefndir sydd i gyd-fynd â Hysbysiadau o dan Adran 14(1) o Ddeddf Ynni 1976 a Cheisiadau o dan Adran 36 o Ddeddf Trydan 1989  (68KB)
  URN 06/2138W

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 and is available below:

• Application to Secretary of State for Trade and Industry for the grant of a necessary electricity Wayleave in England and Wales - Guidance for applicants and landowners and/or occupiers  (306KB)
  URN 02/1642

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.

The Planning Bill

In November 2007 the Government introduced the Planning Bill. The Bill contains draft legislation that proposes a fundamental overhaul of the planning system for national significant infrastructure projects across water, waste, energy and transport projects and the establishment of an Infrastructure Planning Commission (IPC). The Bill will also enshrine new National Policy Statements (NPS) to clearly set out Government policy for infrastructure development. BERR expects to produce a suite of NPSs for energy infrastructure.

The Planning Bill follows extensive consultation on the Planning White Paper which ended on 17 August 2007. The Government Response was issued on 27 November 2007 alongside the introduction of the Planning Bill in Parliament.

Further information can be found on the Communities and Local Government (CLG): The Planning Bill web page.