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Overhead Lines (Exempt Installations) Order 2010

My Lords, I beg to move that the Committee consider the draft Overhead Lines (Exempt Installations) Order 2010. By way of introduction, I should like to outline why the Government are bringing forward this order. In simplest terms, it is to ensure that when the installation of electric lines of 132 kilovolts and above becomes subject, from 1 March, to the development consent process under the Planning Act 2008, the retention of Better Regulation streamlining procedures will continue to apply to electric lines that will fall within the Planning Act threshold. These current procedures, under Section 37 of the Electricity Act 1989, allow electricity network operators to benefit from an exemption to undertake certain minor repair and refurbishment works to existing network infrastructure without the need to apply for a new consent. The Planning Act 2008 established the Infrastructure Planning Commission—the IPC—to consider applications for development consent for nationally significant infrastructure projects. The Act defined overhead electric lines of 132 kilovolts and above, as set out in Section 16 of the Act, to be nationally significant infrastructure projects. These are major transmission lines that effect long-distance transfer of electricity through 275 kilovolts and 400 kilovolts lines and 132 kilovolts distribution lines that are lower voltage and carry power from transmission substations to the end user. At the moment, the responsibility for considering applications and consent for these electric lines rests with my department for approval. This approval is made by the Secretary of State under Section 37 of the Electricity Act 1989 and for planning permission under the Town and Country Planning Act 1990. These can be applied for and given together by the Secretary of State. My department will retain its responsibility for applications for consent for electric lines below 132 kilovolts. Ever since the Electricity Act was passed, it has been recognised that there are classes of work on overhead electric lines for which it would be inappropriate to require ministerial consent. Exemption regulations defining those types of work have been in place since 1990. The 1990 regulations were revised in April 2009, and replaced with the Overhead Lines (England and Wales) Exemption Regulations 2009. The revision to the 1990 regulations was made following an energy review consultation in December 2006 that sought views on proposals to introduce a more proportionate and flexible approach. The improved resilience measures for the electricity networks followed the storms that created widespread damage to the electricity distribution network in 2002. The update in 2009 largely replicated the 1990 regulations, and extended further the works that could be carried out by network operators, without the need to apply for a new Section 37 consent, to national parks and areas of outstanding natural beauty, bringing them into line with existing practices already undertaken by network operators in areas outside these sensitive areas for similar modest changes to existing lines. The latest change to the regulations was made to introduce a more streamlined and proportionate approach to handling minor changes to maintain, replace or strengthen overhead lines within the existing consents regime for the purposes of improving the resilience of the networks. Works exempted by the 2009 regulations include the replacement of worn or damaged components such as old conductors with new, more technologically advanced, insulated ones; installation of additional supports such as wooden poles to improve safety; and modest repositioning of existing lines for operational purposes. For most works, the local authority must be notified; and if it has concerns, for instance on environmental grounds, it can insist that the network operator applies for a full fresh consent. Importantly, the 2009 regulations also introduced provisions for emergency works under which network operators can undertake urgent and essential works without prior notification of the relevant planning authority. Notification must be given as soon as practicable after the commencement of such works, but the provision allows operators to instigate corrective measures quickly to reconnect supplies. If provision in respect of the new regime were not made, network operators would no longer be able to start these works on electric lines of 132 kilovolts and above without applying for fresh development consent from the IPC. This would add a regulatory burden where it does not presently exist, and would also mean that essential and urgent emergency works that are currently exempt under the 2009 regulations could not be commenced without a full examination by the IPC. In our most recent experience of severe weather conditions—and we experienced similar conditions last year—many lines were brought down by the weight of snow and heavy rain, leaving thousands of homes without electricity for more than 24 hours. Without the same exemptions being applied to the Planning Act regime, not only would homes, schools and businesses be off-supply for weeks or months but, more importantly, should any network operator undertake immediate repairs, they would be falling foul of the law and undertaking their statutory duties illegally, which of course would be a nonsense. The proposal to transfer Section 37 Electricity Act exemptions for overhead power line consents to the Planning Act regime was consulted on during November and December last year. This was a shortened consultation period of four weeks. The reason was, first, that the Section 37 exemption provisions that we proposed to extend to the Planning Act regime had been consulted on in the 2006 energy review exercise and had been, as I indicated earlier, the subject of new, revised regulation in April last year. Secondly, it was important to ensure that the order to extend the provisions to the new regime would be made by 1 March, when the Government intend that the Communities and Local Government Order that directs planning applications to the IPC under the Planning Act regime should commence. What is more, this is largely a technical area of interest, with the consultation being primarily targeted at industry, the IPC, the Local Government Association and other statutory undertakers such as Natural England. The responses received are all from industry sources and the IPC. All fully supported the proposals and agreed that the new planning system should provide an identical regime for exemption of the specified categories of work for electric lines that will transfer from my department to the IPC. Many commented that this was a very workable solution. I would hope noble Lords will agree that this will prevent unnecessary delays being introduced to essential works for existing lines and, as I have said, in the case of emergency works will not prolong the period customers would be off supply. I should also mention that it has been necessary to make a small adjustment to the 2009 regulations, as these are based on the concept of "an existing line" which is defined as a line that has already been consented under the Electricity Act 1989 or its predecessor legislation. The Overhead Lines (Exempt Installations) (Consequential Provisions) Order 2010 makes sure that the drafting of the 2009 regulations takes account of the fact that in future, high voltage lines will be subject to development consent, not Section 37 consent, by amending the definition of "an existing line" so as to include lines that have been the subject of development consent under the Planning Act 2008. It is important that improvements and a steady stream of work are carried out to renew ageing infrastructure and to improve the resilience of existing overhead lines against adverse weather conditions. This work is and continues to be vital to ensure future reliability and security of our electricity supply and its quality to meet increasing demand. I commend the order to the Committee.