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Electricity Act 1989
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- 1989 c. 29
- SCHEDULE 8
- Objections by relevant planning...
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Changes over time for: Cross Heading: Objections by relevant planning authority
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Electricity Act 1989, Cross Heading: Objections by relevant planning authority is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4(1)(f) and word inserted by 2023 c. 52 s. 186(3)(b)
- s. 4(1)(ca) inserted by 2023 c. 52 s. 166(2)
- s. 4(1)(da) inserted by 2023 c. 52 s. 205(2)(b)
- s. 4(3H)(3I) inserted by 2023 c. 52 s. 186(4)
- s. 4(3CA) inserted by 2023 c. 52 s. 205(3)
- s. 4(3EA) inserted by 2023 c. 52 s. 205(5)
- s. 6(1)(g) and word inserted by 2023 c. 52 s. 186(7)(b)
- s. 6(1)(ea) inserted by 2023 c. 52 s. 205(8)(b)
- s. 6(2C) inserted by 2023 c. 52 s. 186(8)
- s. 6(2AA) inserted by 2023 c. 52 s. 205(9)
- s. 6(6E) inserted by 2023 c. 52 s. 205(10)
- s. 7(3GA) inserted by 2023 c. 52 s. 186(17)
- s. 7A(11B) inserted by 2023 c. 52 s. 186(18)
- s. 8A(1C) inserted by 2023 c. 52 s. 206(6)
- s. 10NA inserted by 2023 c. 52 s. 207(2)
- s. 11E(2)(d) and word inserted by 2013 c. 32 s. 138(5)(b)(iii)
- s. 11AA inserted by 2018 c. 14 s. 13(3)
- s. 15(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 3(2)(b) (as substituted) by S.I. 2019/1245 reg. 19 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 25(8A) inserted by 2023 c. 52 Sch. 14 para. 7(3)
- s. 44A inserted by 1992 c. 43 s. 23
- s. 44A(6)(b)(i) words substituted by 2013 c. 22 Sch. 9 para. 52
- s. 44B(1)(a)(iiia) inserted by 2023 c. 52 Sch. 17 para. 8
- s. 56C(6)(d) and word inserted by 2013 c. 32 s. 138(5)(d)(ii)
- Sch. 5A para. 2(1A) inserted by 2018 c. 14 s. 13(4)
- Sch. 6A para. 9ZA and cross-heading inserted by 2023 c. 52 Sch. 14 para. 8
Objections by relevant planning authorityE+W+S
2(1)Where an application is made to the Secretary of State for his consent under section 36 or 37 of this Act, notice of the application shall be served on the relevant planning authority.E+W+S
(2)Where the relevant planning authority notify the Secretary of State that they object to the application and their objection is not withdrawn, the Secretary of State—
(a)shall cause a public inquiry to be held; and
(b)before determining whether to give his consent, shall consider the objection and the report of the person who held the inquiry.
(3)For the purposes of sub-paragraph (2) above the Secretary of State may make regulations limiting the time within which notification of objections may be made to the Secretary of State by relevant planning authorities, and providing that objections which are not notified within the time so limited may be disregarded for those purposes.
(4)Sub-paragraph (2) above shall not apply where the Secretary of State proposes to accede to the application subject to such modifications or conditions as will give effect to the objection of the relevant planning authority.
(5)The Secretary of State may make regulations providing that, in relation to applications for consent under section 37 of this Act for electric lines of a nominal voltage less than 132 kilovolts, the provisions of this paragraph shall have effect with such modifications as may be prescribed.
(6)In this Schedule “relevant planning authority”—
(a)in relation to [F1land in England F2... which is not in a National Park for which a National Park authority is the local planning authority], means a local planning authority within the meaning of [F3the Town and Country Planning Act 1990,] except that in relation to a non-metropolitan county and an application for consent under section 37 of this Act it includes the county planning authority only—
F4(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)where the line will have a nominal voltage of not less than 132 kilovolts;
F5[(aa)in relation to land in England F6. . . which is in a National Park for which a National Park authority is the local planning authority, means that National Park authority; and]
[F7(ab)in relation to Wales, means a local planning authority;.]
(b)in relation to Scotland, means a general planning authority, or a district planning authority, within the meaning of Part IX of the M1Local Government (Scotland) Act 1973.
Textual Amendments
F1Words in Sch. 8 para. 2 (6)(a) substituted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 30(3)(a)(4)(5) (with ss.7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
F2Words in Sch. 8 para. 2(6)(a) repealed (1.4.1996) by 1994 c. 19, ss. 20(4), 66(8), Sch. 6 Pt. II para. 22, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F3Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 83(1)
F4Sch. 8 para. 2(6)(a)(i) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.
F5Sch. 8 para. 2(6)(aa) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10, para. 30(3)(b)(4)(5) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
F6Words in Sch. 8 para. 2(6)(aa) omitted (1.4.1996) by virtue of 1995 c. 25, s. 78, Sch. 10 para. 30(3)(c)(4)(5) (with s. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1); S.I. 1996/396, art. 4, Sch. 2
F7Sch. 8 para. 2(6)(aa) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 22 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2 and renumbered as Sch. 8 para. 2(6)(ab) (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 30(6) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
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