This Explanatory Memorandum refers to the Electricity Consents (Planning) (Northern Ireland) Order 2006 (NI 19) ELECTRICITY CONSENTS (PLANNING) (NORTHERN IRELAND) ORDER 2006 2006 No. 2955 (N.I. 19) ______________________ EXPLANATORY MEMORANDUM INTRODUCTION 1. The Electricity Consents (Planning) (Northern Ireland) Order ("the Order") was made on 14 November 2006. 2. This Explanatory Memorandum has been prepared by the Department of Enterprise, Trade and Investment ("the Department") to assist the reader in understanding the Order. It does not form part of the Order. 3. The Order contains provisions to create an electricity consent regime similar to that in the Electricity Act 1989. BACKGROUND AND POLICY OBJECTIVES 4. The Order amends the Electricity (Northern Ireland) Order 1992 (the 1992 Order) enabling the Department to grant deemed planning permission and deemed hazardous substances consent on an application for electricity consent made under Articles 39 (consent required for construction, extension or operation of an electricity generating station) or 40 (consent required for overhead lines) of the 1992 Order. 5. The Order is intended to streamline procedures for developers so that they do not have to apply separately to the Department for consent to construct or extend an electricity generating station or to install overhead electric lines and to the Department of Environment (DOE) for planning permission and hazardous substances consent. CONSULTATION 6. The Department wrote to the Planning Appeals Commission, a cross-section of industry, political parties, the Northern Ireland Authority for Energy Regulation, and NGOs to inform them of the planned changes. The Department has also held targeted meetings with key industry representatives and Authority staff. However, no formal public consultation was held. Stakeholders were of the view that the Order should be introduced with the intention of speeding up the consent process. Ministers consider this Order a necessary first step in streamlining the energy project consent application process. MAIN ELEMENTS OF THE ORDER 7. The Order has three Articles. COMMENTARY ON PROVISIONS 8. Article 1 is introductory. 9. Article 2 makes it clear, by amending references to land in Schedule 8 of the Order, that the procedures relating to electricity consents apply for off-shore developments as well as on land. 10. Article 2 also inserts new paragraphs 1A, 1B and 1C into Schedule 8 of the 1992 Order:
Article 2 also inserts new paragraph 3 into Schedule 8 of the 1992 Order to allow the Department on granting an electricity consent to direct that planning permission is deemed to be granted, and on granting consent under Article 39 (for an electricity generating station) that hazardous substances consent is deemed to be granted. 11. Article 3 amends Article 65 of the 1992 Order so that it no longer allows for planning and electricity consent procedures to be carried out concurrently. This is no longer necessary since developers will, under amendments made by this Order, be able to apply to DETI for both the necessary electricity consent and deemed planning permission. Article 3 also inserts new paragraphs 3, 4 and 5 into Article 65 of the 1992 Order. These allow for concurrent proceedings to be taken on applications for wayleaves and felling and lopping of trees with electricity consent proceedings. COMMENCEMENT 12. The Order shall come into operation on such day or days as the Department may by order appoint. |
© Crown copyright 2006 | Prepared: 27 November 2006 |