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Electricity Act 1989

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This is the original version (as it was originally enacted).

Objections by relevant planning authority

2(1)Where an application is made to the Secretary of State for his consent under section 36 or 37 of this Act, notice of the application shall be served on the relevant planning authority.

(2)Where the relevant planning authority notify the Secretary of State that they object to the application and their objection is not withdrawn, the Secretary of State—

(a)shall cause a public inquiry to be held; and

(b)before determining whether to give his consent, shall consider the objection and the report of the person who held the inquiry.

(3)For the purposes of sub-paragraph (2) above the Secretary of State may make regulations limiting the time within which notification of objections may be made to the Secretary of State by relevant planning authorities, and providing that objections which are not notified within the time so limited may be disregarded for those purposes.

(4)Sub-paragraph (2) above shall not apply where the Secretary of State proposes to accede to the application subject to such modifications or conditions as will give effect to the objection of the relevant planning authority.

(5)The Secretary of State may make regulations providing that, in relation to applications for consent under section 37 of this Act for electric lines of a nominal voltage less than 132 kilovolts, the provisions of this paragraph shall have effect with such modifications as may be prescribed.

(6)In this Schedule “relevant planning authority”—

(a)in relation to England and Wales, means a local planning authority within the meaning of the [1971 c. 78.] Town and Country Planning Act 1971, except that in relation to a non-metropolitan county and an application for consent under section 37 of this Act it includes the county planning authority only—

(i)where the line is to be installed in a National Park; or

(ii)where the line will have a nominal voltage of not less than 132 kilovolts;

(b)in relation to Scotland, means a general planning authority, or a district planning authority, within the meaning of Part IX of the [1973 c. 65.] Local Government (Scotland) Act 1973.

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