10. National Grid is a statutory undertaker under the Town and Country Planning (General Permitted Development) Order 1995. The Order grants planning permission for certain defined classes of development. National Grid therefore has certain rights to carry out development under the Order without the need for planning permission from the local planning authority. This permitted development relates primarily to development in existing substations, on operational land and to underground cables. New substations or major extensions to existing substations may require planning permission from local planning authorities.
11. To construct a new overhead line in either England or Wales, National Grid requires formal consent, under section 37 of the Electricity Act 1989, from the Secretary of State for Business, Enterprise and Regulatory Reform, unless the new line is across land owned and occupied by the company. The Electricity Act 1989 contains a formal procedure for consultation with local planning authorities within whose areas the new line is proposed. If they maintain an objection to an application for section 37 consent then the Secretary of State is required to convene a public inquiry. When granting section 37 consent, the Secretary of State will usually direct that planning permission for the development will be deemed to be granted under the Town and Country Planning Act 1990.
12. Advice on the procedure for consulting local planning authorities is given in a Circular issued jointly by the then Department of the Environment (Circular 14/90 of that office) and the then Welsh Office (Circular 20/90).
13. Under its duty in the Electricity Act 1989 to facilitate competition in the supply and generation of electricity, National Grid must offer connection facilities to any new or proposed power station or plant, including offering connections to a local distribution company or major industry who requires a high voltage electricity supply. Therefore proposals for a new electricity generation project may also involve transmission works away from the power station site, such as new overhead lines, modifications to existing lines or new development at substations. These transmission works may be the responsibility of National Grid, the distribution companies or the generator itself depending upon the particular circumstances of each case.
14. A generator promoting a new power station of over 50 megawatts generation capacity would seek consent under section 36 of the Electricity Act 1989. Although such an application would be separate from any associated transmission works, discussions between the generator and National Grid normally take place at an early stage. Indeed, National Grid would encourage prospective generators to consult it in advance of the consent process so that transmission and consent implications of the project can be fully considered.