The Overhead Lines (Exemption) (England and Wales) Regulations 2009

Further restrictions on the exemptions contained in regulation 3

5.—(1) The exemptions in regulation 3(1)(c), (e) and (f) shall not apply where—

(a) the electric line is to be installed in a different position from the existing line; or

(b) the height above the surface of the ground of any support for the electric line will exceed the height of the highest support which is to be replaced; or

(c) subject to sub-paragraph (3), the installation will be in a National Park or an area of outstanding natural beauty,

and it is determined for the purposes of this regulation that there is likely to be a significant adverse effect on the environment.

(2) For the purposes of this regulation it shall be determined that there is likely to be a significant adverse effect on the environment if—

(a) notice is given by the person proposing to carry out the installation to the relevant planning authority of that proposal; and

(b) the relevant planning authority, within six weeks of receiving that notice—

(i) determines that if the installation were completed in accordance with the proposal it would in the opinion of that authority be likely to have a significant adverse effect on the environment; and

(ii) notifies the person by whom the notice was given and the Secretary of State of that determination.

(3) Where it is necessary to make emergency repairs to an existing line in a National Park or an area of outstanding natural beauty—

(a) sub-paragraphs (1) and (2) do not apply; and

(b) the person making those emergency repairs shall notify the relevant planning authority as soon as practicable that those repairs have been, are being or will be made.

(4) In this regulation—

“area of outstanding natural beauty” means an area designated as such by order under section 82 of the Countryside and Rights of Way Act 2000(1);

“National Park” means an area designated as such by an order under section 5 of the National Parks and Access to the Countryside Act 1949(2) as confirmed by the Minister; and

“relevant planning authority” has the same meaning as in paragraph 2(6) of Schedule 8 to the Act(3).

(1)

2000 c.37; section 82 (areas of outstanding natural beauty) was amended by section 105(1) of and Schedule 11, paragraph 163(a) to the Natural Environment and Rural Communities Act 2006 (c.16).

(2)

1949 c.97; section 5 (National Parks) was amended by section 61 of the Environment Act 1995 (c.25), by section 130 of and Schedule 8, paragraph 1(5) to the Environmental Protection Act 1990 (c.43) and by sections 59(1) and 105(1) of and Schedule 11, paragraph 10(a) to the Natural Environment and Rural Communities Act 2006 (c.16). Section 4A applies section 5 to land in Wales. Functions of the Minister, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1.

(3)

Schedule 8, paragraph 2(6) (meaning of “relevant planning authority”) was amended by section 4 of and Schedule 2, paragraph 83(1) to the Planning (Consequential Provisions) Act 1990 (c.11), by sections 20(4) and 66(8) of and Schedule 6, paragraph 22 and Schedule 18 to the Local Government (Wales) Act 1994 (c.19) and by sections 78 and 120 of and Schedule 10, paragraph 30(3)(a),(b) and (c) and (6) and Schedule 24 to the Environment Act 1995 (c.25).