Schedule 4 – Overhead lines: consent
163.Schedule 4 sets out the alternative consents regime that will apply to the installation of overhead electric lines within the Act limits, given the disapplication of section 37 of the Electricity Act 1989 in section 4.
164.Paragraph 2 requires any installation to be made in accordance with the consent granted by the appropriate Ministers (defined in paragraph 12 for these purposes as the Secretary of State for Transport and the Secretary of State for Business, Enterprise and Regulatory Reform, acting jointly).
165.Paragraph 3sets out what an application for consent should contain.
166.Paragraph 4 allows the appropriate Ministers to request in writing that the application be supplemented by specified additional information.
167.Paragraph 5 sets out the publicity requirements that must be complied with in respect of certain applications.
168.Paragraph 6 allows the appropriate Ministers, within 14 days of receiving an application for consent, to invite the local planning authority to comment on the application. The local planning authority have 28 days to comment on the application.
169.Paragraph 7 requires the appropriate Ministers, within 14 days of receiving an application for consent, if they consider that the application relates to certain matters, to invite certain other bodies to comment on the application. Those bodies – Natural England and the Historic Buildings and Monuments Commission for England (more commonly known as English Heritage) – will have 14 days to comment on the application.
170.Paragraph 8 sets out the grounds on which an application for consent by the nominated undertaker may be refused.
171.Paragraph 9 allows the appropriate Ministers to make the grant of consent subject to any conditions they deem appropriate.
172.Paragraph 10 allows the Secretary of State to vary or revoke the consent granted, after the period specified in the consent, which will not be less than ten years from the date of installation.
173.Paragraph 11 provides that subject to paragraph 10, the consent granted will continue in force for the period specified in the consent.