The Planning Act 2008

The Planning Act 2008 changes the planning application and consent process for nationally significant infrastructure projects, which includes power stations and overhead power lines 132,000 volts and above.

From 1 March 2010 a new, independent body - the Infrastructure Planning Commission (IPC) – will be responsible for deciding on nationally significant infrastructure applications.

In most circumstances, cases will be decided within a year from application. Where necessary, hearings into applications will be held.

Applications to the IPC must meet with the terms of National Policy Statements (NPSs), drafted by the Government, which cover different areas, such as transport and energy. Six NPSs are being produced for the energy sector, including ones for electricity networks and nuclear power.

Under this planning process, National Grid will be required to apply to the IPC for an order granting ‘development consent’ for new 400,000 volt overhead lines and any ‘associated development’.

The application must identify all approvals required to allow the development to proceed, for example wayleaves, accesses to land and, if necessary, any compulsory acquisition of land.

The application must be accompanied by:

  • a consultation report and responses to the pre-application consultation
  • an environmental statement, which details the impact of the proposals on areas such as ecology, landscape, cultural heritage, land use and noise
  • a proposed draft order and explanatory memorandum
  • a statement of reasons if land needs to be compulsorily purchased.

Consultation

The Act puts a stringent duty on developers to consult interested parties, including the public, local authorities and statutory bodies, such as Natural England. If the IPC judges that a developer has carried out insufficient consultation, the application will not be accepted for consideration.

Before developers can consult the public, they must develop a Statement of Community Consultation (SOCC) which sets out how the developer will seek views.

The developer must consult the relevant local authority/ies when drafting the SOCC and must submit the draft SOCC to the local authority/ies at least 28 days before publication for their consideration.                   

The developer must submit a consultation report to the IPC, outlining how consultation was carried out and recording responses from consultees.

National Grid is committed to seeking the views of all interested parties. Following finalisation and publication of our SOCC, we will be carrying out a wide-ranging public consultation programme.