What other permissions may be needed?
As well as securing those landowner consents we need to place and maintain our equipment we may need other permissions to meet either our own industry statutory obligations or those associated with other legislation. The most common consent situations are detailed below
1. Section 37 consent
Regulatory Reform [DBERR] confirming land owner consent and providing detail of Local Authority consultation. DBERR will consult other Government Depts and then make a determination, which usually provides for construction within a specified time scale
For large scale development the process may be more involved with Habitat surveys, Environmental Impact Assessments consultations with Parish District and Local Councils and possibly a Public Enquiry.
Not all new overhead lines require Section 37 consent. Notably single service lines of not more than 20kv are exempt and the Overhead Lines Exemption Regulations provide further exceptions.
It should be noted that if when a line was erected it was exempt but we then subsequently plan to change the status of the line so that it is no longer exempt ie a single consumer line becomes a multiple consumer line then we will need to apply for retrospective Section 37 Consent.
2. Protected animals, plants, buildings and sites
When formulating proposals we have an obligation under the Electricity Act to reduce the impact of our works on the natural environment and any sites of architectural, historic or archaeological interest.
Should permissions be needed for us to comply with any legislation covering the land we’re going to be working on, such as that associated with protected sites, buildings, animals and plants and Local Planning Authority (LPA) planning requirements, then we will obtain these.
However, If you have already gained the required consents and can provide us with a copy and detail of any conditions we may be able to work under the terms of the consent you have obtained.
What do we do to secure the legal Permissions we need?
Once you have accepted our terms and made payment, under the overall supervision of one our Wayleave Delivery Managers the following will take place
- If equipment is to be placed on land you own
If we need you to complete a deed we will instruct our External Legal Service Providers [Legal ESP] who will write to you and provide you with the name and contact details of the Paralegal who will be dealing with your case. This person will then be the point of contact for your solicitor throughout the Legal process.
If we need you to complete a Wayleave or we need any consents to cover our works on your property we will instruct one of our External Wayleave Service Providers [Wayleave ESP] who will write to you and provide you with the name and contact details of the Wayleave Officer who will be dealing with your project. The Wayleave Officer will then contact you to discuss the project requirements and agree a service level for progress updates. They will then be your point of contact throughout the Wayleave/consent process.
- If equipment is to be placed on private property you do not own
If we need any consents or Wayleaves to cover our works on private property you don’t own we will instruct our Wayleave ESP to obtain them. They will then write to you with the name and contact details of the Wayleave Officer who will be dealing with your project. The Wayleave Officer will then contact you direct to discuss your requirements and will be your point of contact throughout the Wayleave process
With all proposals there is a possibility that a permission will be refused or granted subject to conditions that are either unacceptable to us or we can not comply with. If this happens we will liaise with you and consider the alternatives. This will take time and may mean that we will need to acquire new permissions before connection can be provided.
If a legal deed or transfer is required from a third party, once the Wayleave Officer has agreed the terms the details will be passed to our Legal ESP to acquire the property or land rights
On completion of the Wayleave/Legal process, clearance will be given to enter your project into the work programme and a Project Manager will contact you to discuss any job specific requirements and advise you of your connection date
How long will this take?
If we do not encounter any complications we expect to complete the Wayleave and consent process within 6 weeks and the Legal process within 8 weeks. If your project involves both processes then when possible we will run them in parallel. However, please note this process is not always straight forward and may take some time to complete.
Please note no work can start on the project until all the relevant rights and permissions have been secured.
