Commentary on Sections Other infrastructure provisions Section 21: Consents under Electricity Act 1989:  deemed planning permission
95.When a consent is granted under section 36 of the Electricity Act 1989 (“the 1989 Act”) by the Secretary of State, section 90(2) of the Town and Country Planning Act 1990 (“the 1990 Act”) enables the Secretary of State to direct that planning permission be deemed to be granted in respect of any operation or change of use in respect of which the consent is granted (or any ancillary development) and which constitutes development within the meaning of the 1990 Act. This relieves the developer of the need to make a separate application for planning permission to the relevant local planning authority. Deemed planning permission may also be granted on the same basis in respect of electric lines above ground to which consent is given under section 37 of the 1989 Act. Similar provision is made in section 57(2) of the Town and Country Planning (Scotland) Act 1997 for Scotland.
96.Section 21 inserts a new section 90(2) and (2ZA) into the 1990 Act, allowing the Secretary of State to make directions in relation to deemed planning permission when either the new power to vary section 36 consents under new section 36C of the 1989 Act or the existing power to vary section 37 consents (see section 37(3)(b)) is exercised. This power is exercisable in respect of England and Wales (as defined in new section 90(6), inserted by subsection (3), to include certain offshore areas). The directions can either vary an existing deemed planning permission or deem a new planning permission to be granted. In addition, a direction can be given for an approval given under an existing deemed planning permission to be treated as given under a new or varied planning permission. Subsections (4) to (6) amend section 57 of the Town and Country Planning (Scotland) Act 1997 to give Scottish Ministers powers equivalent to those conferred on the Secretary of State in relation to England and Wales in the amended section 90.