Electricity network infrastructure: Consents, land access and rights – NFU response

This consultation has now closed.

The consultation sought views on specific questions under a number of headings which include:

• necessary wayleaves
• tree lopping and felling
• permitted development rights for substations
• section 37 consenting for overhead lines
• private streets
• Nationally Significant Infrastructure Projects
• threshold and access rights.  

These questions were asked to ensure that the system is fit for purpose, that the government has reviewed the existing processes to assess whether they are sufficient to support clean power ambitions, net zero goals and energy security. 

The difference between land rights and consenting is as follows:

• Land rights involve securing the permission of landowners and/or occupiers to access, use or acquire land for the construction and/or maintenance of network assets.
• Consenting refers to obtaining planning permission from the government to build or maintain electricity network infrastructure.

The consultation is focussing on changes to consenting. DESNZ says it is vital that both processes protect the rights of landowners, local stakeholders and the environment, while also enabling the timely delivery of important infrastructure.

NFU feedback

The NFU sought the views of members and held meetings with the North, Midlands, East and South Regional Boards as well as the NFU Cymru Rural Affairs Board.

The NFU represents members who are struggling to secure sufficient electricity connections to run their businesses effectively. Some of the changes proposed within the consultation especially under S.37 consenting of overhead lines will allow Distribution Companies to carry out some minor changes to overhead lines without needing to apply for full planning permission.

The government has proposed some minor changes and, where the proposal seems sensible, and there will be no impact on the landscape or to farming operations, the NFU has responded in agreement. There were also other proposals that would have a larger impact on landscape and/or farming operations and the NFU has explained the concerns around each proposal within the response. 

Next steps

Following the close of the consultation, the government will review the responses and determine the viability for delivering the proposals or make changes where necessary.

The government is looking to deliver these proposals over the next 18 months. Post-consultation, DESNZ will continue to engage closely with stakeholders to monitor whether the changes are supporting the government's mission to deliver clean power by 2030, and to determine whether additional changes are needed. 

NFU members can log in and read our response in full.

Our surveys have now closed. We will publish our response shortly.

The government is proposing a series of reforms to the Necessary Wayleave process aimed at addressing the time taken for decisions to be taken and, where appropriate, necessary wayleaves to be granted.

This survey should take 10 to 20 minutes to complete. 

Let us know what you think. (Now closed)

The government is proposing to change the responsibility for tree maintenance from landowners to License Holders

This short survey should take 1 to 3 minutes to complete. 

Let us know what you think. (Now closed)

The government is proposing Introduce a requirement to provide a reason when serving a Notice to Remove and extending the application submission timeframe from 3 to 6 months.

This survey should take 5 to 10 minutes to complete. 

Let us know what you think. (Now closed)

This consultation seeks views on potential reforms to the section 37 consent process and whether the current exemptions remain appropriate. The aim is to enable faster delivery of low [1] impact projects, while maintaining strong protections for landowners and environment.

This survey should take 10 to 20 minutes to complete. 

Let us know what you think. (Now closed)

This consultation seeks views on potential reforms to Proposal 10: Remove 132 kV wooden pole lines from the scope of the NSIP regime and increase the distance threshold for NSIP classification from 2km to 10km.

This survey should take 5 to 10 minutes to complete. 

Let us know what you think. (Now closed)