Energy: Onshore infrastructure – sites, pipes and wires
Electricity generating stations, onshore renewables infrastructure, overhead lines, gas and electricity pipelines and energy storage are all required to supply our homes and workplaces with essential heat and power. Regulation in this area aims to ensure this infrastructure and its development does not have unjustifiable impacts on people or the environment.
These regulations also provide the legal framework covering developers’ applications in this area.
You can find the regulations that relate to Onshore Infrastructure below to the left.
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Civil Jurisdiction (Application to Offshore Renewable Energy Installations etc) Order 2009, SI 2009/1743 Makes provision for the application of English and Scottish Civil law to offshore renewable energy installations in tidal waters and parts of the sea in or adjacent to Great Britain and waters in the UK Renewable Energy Zone as designated by the Renewable Energy Zone (Designation of Area) Order 2004. Read More… (opens in a new window)
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Criminal Jurisdiction (Application to Offshore Renewable Energy Installations etc) Order 2009, SI 2009/1739 Makes provision for the application of English and Scottish Criminal law to offshore renewable energy installations in tidal waters and parts of the sea in or adjacent to Great Britain and waters in the UK Renewable Energy Zone as designated by the Renewable Energy Zone (Designation of Area) Order 2004. Read More… (opens in a new window)
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Electricity (Applications for Consent) Regulations 1990, SI 1990/455 Sets out the procedural requirements for applying under s.36 of the Electricity Act 1989 (the “Act”) to construct, extend or operate a generating station and for applying under s.37 of the Act to install or keep installed an electric line above ground. Read More… (opens in a new window)
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Electricity (Offshore Generating Stations) (Applications for Consent) Regulations 2006, SI 2006/2064 These regulations amended the Electricity Act 1989 development consents regulations to make them ‘fit for purpose” for consenting offshore renewable energy installations. Read More… (opens in a new window)
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Electricity (Offshore Generating Stations) (Safety Zones) (Application Procedures and Control of Access) Regulations 2007, SI 2007/1948 These regulations provide the legal framework for establishing safety zones around offshore renewable energy installations to protect safety of navigation and human life. Read More… (opens in a new window)
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Lynn and Inner Dowsing Offshore Wind Farms (Amendment) Order 2011 This Transport and Works Act Order authorises the construction of an extension to an offshore wind farm. Without this consent construction will not be able to take place. Read More… (opens in a new window)
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Offshore Generating Stations (Exemption) Order 1990, SI 1990/443 These regulations are deregulatory. They exempt operators of offshore installation from having to apply under section 36(1) of the Electricity Act 1989 for consent for a generator solely for the purpose of supplying electricity to offshore installations such as oil and gas platforms and wind farms. Read More… (opens in a new window)
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Electricity Works (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2007, SI 2007/1977 These Regulations amend the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 (S.I. 2000/1927) (“the 2000 Regulations”), which extend to England and Wales. Read More… (opens in a new window)
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Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000, SI 2000/1927 These Regulations revoke the Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1990 (as amended by the Electricity and Pipe-line Works (Assessment of Environmental Effects) (Amendment) Regulations 1996 and the Electricity and Pipe-line Works (Assessment of Environmental Effects) (Amendment) Regulations 1997), subject to key savings in respect of applications for consent. Read More… (opens in a new window)
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Gas (Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007, SI 2007/1996 These Regulations amend the Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 (“the 1999 Regulations”) through definitions of key terms and clarifications. Read More… (opens in a new window)
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Gas (Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999, SI 1999/1672 The Regulations require a public gas transporter proposing to undertake pipe-line works to submit an environmental statement in relation to those works and apply to the Secretary of State for consent to carrying them out. Read More… (opens in a new window)
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Gas (Underground Storage) (Inquiries Procedure) Rules 1966, SI 1966/1375 Regulations setting out the rules under which inquiries on applications under the Gas Act 1965 for authorisations for gas transporters to store gas underground in porous strata should be conducted. Read More… (opens in a new window)
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Pipe-line Works (Environmental Impact Assessment) Regulations 2000, SI 2000/1928 These Regulations implement Council Directive 85/337/EEC as amended by Council Directive 97/11/EC on the assessment of the effects of certain public and private projects on the environment insofar as it relates to authorisations for the construction of oil, gas or chemical pipe-lines on land in Great Britain. Read More… (opens in a new window)
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Renewable Energy Zone (Designation of Area) Order 2004, SI 2004/2668 These regulations designate the areas of sea to be covered by the UK Renewable Energy Zone created under the provisions of the Energy Act 2004. Read More… (opens in a new window)
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Electricity Generating Stations (Fuel Control) Order 1987, SI 1987/2175 The Energy Act 1976 requires notice to be given to the Secretary of State of a proposal to carry out works for the establishment of an electricity generating station to be fuelled by crude liquid petroleum, any petroleum product or natural gas. This Order provides that such notice need not be given where the generating capacity of the station, when established or converted, will be less than 10 megawatts. Read More… (opens in a new window)
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Electricity Generating Stations (Gas Contracts) Order 1995, SI 1995/2450 Gives general authority for obtaining a supply of natural gas as fuel for an electricity generating station without giving notice to the Secretary of State under section 14(2) of the Energy Act 1975, where the duration of those arrangements is expressly limited to aperiod not exceeding 12 months. Read More… (opens in a new window)
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Electricity Generating Stations and Overhead Lines (Inquiries Procedure) (England and Wales) Rules 2007, SI 2007/841 These rules set out the procedure to be followed at Public Inquiries in England and Wales in respect of applications for consent under section 36 of the Electricty Act 1989 to construct, extend or operate generating stations over 50 MW and applications for consent under section 37 of the Act to install or keep installed an electric line above ground. Read More… (opens in a new window)
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Electricity Generating Stations and Overhead Lines (Inquiries Procedure) Rules 1990, as amended by the: Rules governing the procedure for hearings for persons aggrieved about the consent to construct, extend or operate a generating station or the installation of an electric line over ground Read More… (opens in a new window)
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Gas (Underground Storage) (Certificates) (England and Wales) Regulations 1967, SI 1967/1167 Regulations setting out the procedure for obtaining certificates from local authorities in relation to planning permissions and applications to river authorities to abstract water in connection with controlled activities under the Gas Act 1965 (the “Act”) Read More… (opens in a new window)
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Pipe-lines (Cheshire Brine Pumping Exclusion) Order 1964 Exempts pipelines carrying brine in an area in Cheshire from having to comply with the requirement for consent under the Pipe-lines Act 1962 Read More… (opens in a new window)
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Pipe-lines (Devon and Cornwall China Clay Exclusion) Order 1963 Exempts pipelines carrying china clay in an area in Devon and Cornwall from having to comply with the requirement for consent under the Pipe-lines Act 1962 Read More… (opens in a new window)
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Pipe-lines (Inquiries Procedure) Rules 1995, SI 1995/1239 Details procedures for inquiries under the Pipe-lines Act 1962 in relation to pipe-line construction authorisations (and modifications) and compulsory purchase and compulsory rights orders. Read More… (opens in a new window)
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Pipe-lines (Metrication) Regulations 1992, SI 1992/449 These Regulationsules implement EU Directive 80/181/EEC as amended by Council Directive 89/617/EEC which establish the legal units of measurement to be used throughout the Community. Read More… (opens in a new window)
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Pipe-lines (Notices) Regulations 1963, SI 1963/151 Contains forms to be used, where applicable, for the purposes of the Pipe-lines Act 1962. Read More… (opens in a new window)
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Pipe-lines Act 1962 This Act regulates and facilitates the construction, and secures the safe operation, of pipe-lines and matters arising there from. It also designates certain pipe-lines as plant or machinery in relation to England and Wales. Read More… (opens in a new window)
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Pipe-lines Act 1962 (Repeals and Modifications) Regulations 1974, SI 1974/1986 These Regulations repeal and modify provisions of the Pipe-lines Act 1962 concerning the safety of pipe-lines to take account of the establishment of the Health and Safety Executive and the coming into force of the provisions of the Health and Safety at Work etc. Act 1974. Read More… (opens in a new window)
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Gas Transit (EEC Requirements) Regulations 1992, SI 1992/1190 Implement EU directive 91/296/EC which requires member States to take the measures necessary to facilitate the transit of natural gas between high pressure transmission grids. Read More… (opens in a new window)
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Electricity (Compulsory Wayleaves) (Hearings Procedure) Rules 1967, SI 1967/450 These Hearing Rules provide landowners the opportunity to be heard under the provisions of paragraph 6 of Schedule 4 to the Electricity Act 1989 when a licensed electricity operator has applied to DECC for compulsory wayleave rights to install or retain their overhead lines on private land where a voluntary agreement with landowners has not been possible. Read More… (opens in a new window)
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Overhead Lines (Exempt Installations) (Consequential Provisions) Order 2010, SI 2010/29 This regulation makes a small adjustment to the Overhead Lines (Exemption) (England & Wales) Regulation 2009 and ensures that the range of minor works which are exempt when they are to be carried out in respect of an existing line to which consent has previously been given under s37 will also be exempt when they are to be carried out in respect of an existing line. Read More… (opens in a new window)
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Overhead Lines (Exempt Installations) Order 2010, SI 2010/277 This regulation carries across to the Planning Act 2008 regime without change, the exisiting minor works exemptions that currently apply under section 37 and the Overhead Lines (Exemption) (England and Wales) Regulations 2009 and applies them to the Planning Act threshold for lines at 132kV and above. Read More… (opens in a new window)
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Overhead Lines (Exemption) (England and Wales) Regulations 2009, SI 2009/640 These regulations revoke the Overhead Lines (Exemption) Regulations 1990 for England and Wales only. They introduce a streamlined administration for undertaking minor works in National Parks and Areas of Outstanding Natural Beauty but not SSSI bringing them in line with existing practices in other areas (introduced in the 1990 regulations). Read More… (opens in a new window)
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Overhead Lines (Exemption) Regulations 1990, SI 1990/2035 These regulations were introduced in England, Scotland and Wales to enable electricity network operators to undertake certain minor repair and refurbishment works on a like for like basis under existing consents to electricity transmission and distribution infrastructure without the need to apply to the SoS for a fresh section 37 consent. They were revoked for England and Wales in 2009 but still apply to Scotland. Read More… (opens in a new window)
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Overhead Lines (Exemption) Regulations 1992, SI 1992/3074 These regulations underpin the Transport and Works Act 1992 in order for the construction of new transport infrastructure including railways, tramways and other guided/rapid transport systems. This means consent under section 37 in England, Wales and Scotland would not be requried for the installation of an electric line above ground in accordance with section 2 of the TWA. Read More… (opens in a new window)
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Electricity Act 1989 (Requirement of Consent for Offshore Wind and Water Driven Generating Stations) (England and Wales) Order 2001, SI 2001/3642 These regulations apply to applications to the Secretary of State for consent under section 36 of the Electricity Act 1989 to construct, extend or operate an offshore electricity generating station, such as offshore wind farms and wave or tidal stream powered devices. Read More… (opens in a new window)
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Electricity Act 1989 Sections 36,37,38/Schedule 9, Schedules 3, 4, 5, Section 62/Schedule 8 Sections of the Electricity Act 1989 which relate to licence powers, and hydro-electricity generation stations in Scotland. Read More… (opens in a new window)
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Energy Act 2004 Part 2 Chapter 2 & Chapter 3 These Chapters of Section 2 of the Energy Act 2004 provide the necessary legal framework for (a) the establishment of the UK Renewable Energy Zone, and (b) discharging the UK’s international obligations under the United Nations Convention on Law of the Sea (UNCLOS) for decommissioning offshore renewable energy installations. Read More… (opens in a new window)
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Please tell us what you think should happen to these regulations and why, being specific where possible:
- Should we scrap them altogether?
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?
Within Europe land use planning for hazardous installations is based on the requirements of the SEVESO II Directive (which is implemented in the UK as the COMAH Regulations). In relation to LPG SEVESO has a threshold of 50 tonnes, yet existing UK legislation namely the Planning (Hazardous Consent) Regulations and the Notification of Installations Handling Hazardous Substances Regulations (NIHHS) have a much lower threshold of only 25 tonnes. This results in many additional installations & premises, such as caravan parks and residential home parks being brought within UK legislation with many sectors that use LPG having to pay high costs for planning permission and can wait up to 2 years to get approval granted. Some applications between 25 and 50 tonnes are rejected based on the advice of the Health & Safety Execurive who are consultees under the Planning (Hazardous Consent) Regulations, Despite being a consulteee and aware of the application and whether permission has been granted there is an extra additional unnecessary burden on industry to notify them under NIHHS . Calor believes the NIHHS regulations 1982 should be removed from UK legislation and the Planning (Hazardous Consent) Regulations brought in line with SEVESO II (COMAH) thresholds to remove the extra burden on the LPG industry, caravan parks, and industrial customers compared with similar industries and sites in Europe where there is not duplicate national legislation.Comment Tags: Planning (Hazardous Consent) Regulations
The single biggest barrier to the development of onshore renewable energy projects is the fact that applications go up infront of ageing planning committees, who are not skilled or sufficiently knowledgeable to make planning decisions about applications which they (a) invariably do not read and (b) invariably do not understand. Onshore renewable energy projects rely on extensive detailed specialist studies. It would be unfair to expect the majority of local planning authority councillors to understand a significant percentage of the planning applications / Environmental Impact Assessments submitted to their authority planning officers, given the difficulty that planning officers themselves have in getting to grips with the contents. Whilst it is admirable to want to give local authorities greater devolved powers, it simply isn’t feasible to expect them to actually understand the technical content of applications placed infront of them. A garage extension is one thing, a wind farm is another. If this Government wants to remove the barriers placed before onshore renewable energy projects, they will need to tackle the farcical planning system that this country has in place first.Comment Tags: councillor, energy, onshore, planning, power, renewable, wind
I share the comments below from Graham Jordan and David Tate ,the UK is a laughing stock around the world as our infrastructure is crumbling around us and vital renewable power is delayed or blocked on spurious ,subjective and unquantifable issues such as Culmulative impact and Visual harm.These issues alone could be removed at least.With the present governments agenda to remove targets and Standards we will rapidly be without electricity.
The simple concept of giving priority on the grid to renewable energy has been succesfully copied around the world ,reducing peak electricity prices very succesfully.Why are imported fuels generation given priority? This simple action will reduce bills and increase energy security.Any changes must reflect the desperate need for the UK to increase its connections to other Mainland European grids & offshore energy to increase competition from the present big six monopoly.Comment Tags: #ReducingBigsixmonoply
From the perspective of renewable energy projects, most of the delays are due to very long, overburdened trivial arguments by planning authorities who are denying the public the true position of statutory authority.
This is a delaying tactic by many who fear the vocal minority vote – nothing to do with responsible debate about necessary infrastructure. The Planning rules rightly have safeguards but many inspectors cannot identify harms, will not be specific on decisions, allowing ‘possible harm’ to have sway over scientific data to the contrary.
All energy infrastructure should be removed from local planning; it’s too important for ill-informed biased comment that only allows councillors to pass the decision to another bureaucrat. These delays add to developers costs and timely development suffers.Comment Tags: Pro Wind Alliance
The Planning Act 2008 needs a complete rethink due to it`s attempt to be a process to suit all Infrastructure, however Large, Complex, Small or Simple the Project is. The new process will completely stifle and restrict the development of new infrastructure within the UK, until a common sense approach is adopted. The consultation process is completely not suited to how Development Projects are brought from concept into practical reality. Projects are not designed at the Consent stage, the process must allow for greater flexibility to develop a design as the Project develops. A project must be allowed to change and develop as more information and time is spent upon it. A project cannot be fully oven ready` at the submission stage. Improvements should involve decreasing the numbers of statutory consultee`s, as it is wasting peoples time due to the non-relative areas involved. Allowing changes to be made to a DCO consent post decision… subject to SoS approval. Reduction in time frames for determination to 6 months for less complex projects. Reductions in the amounts of ecology work required to go into EIA / ES. Such as GCN surveys, Bats, Badgers… they all have to be redone prior to construction and cost thousands of pounds. Is there any wonder Projects are discarded through budgetary constraints.Comment Tags: consultation, cost, Ecology, Planning Act 2008, Project