Paragraph 2
England, Wales and Scotland
Where an application is made to the F1appropriate authority for a consent under section 36 or 37 of this Act, notice of the application shall be served on the relevant planning authority.
F2In the case of an application made to the Secretary of State, 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planning authority notify the Secretary of State that they object to the application and their objection is not withdrawn, the Secretary of State—
shall cause a public inquiry to be held; and
before determining whether to give his consent, shall consider the objection and the report of the person who held the inquiry.
In the case of an application made to the Scottish Ministers, where the relevant planning authority notify the Scottish Ministers that they object to the application and their objection is not withdrawn, the Scottish Ministers—
must appoint a person (referred to in this Schedule as the “reporter”) to examine the application, and
before determining whether to give their consent, must consider the objection and the reporter’s final report.
See paragraph 2A for the process that must be followed by the reporter.
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.
The F6appropriate authority 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.
In this Schedule “relevant planning authority”—
in relation to F7land in England F8... 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 F9the 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—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
where the line will have a nominal voltage of not less than 132 kilovolts;
in relation to land in England F12. . . which is in a National Park for which a National Park authority is the local planning authority, means that National Park authority; and
in relation to Wales, means a local planning authority;.
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.
Annotations
Textual amendments
- F1
Words in Sch. 8 para. 2(1) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 19(3)(a), 118(1)(g)(ii) (with ss. 19(6), 116)
- F2
Words in Sch. 8 para. 2(2) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 19(3)(b), 118(1)(g)(ii) (with ss. 19(6), 116)
- F3
Sch. 8 para. 2(2A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 19(3)(c), 118(1)(g)(ii) (with ss. 19(6), 116)
- F4
Words in Sch. 8 para. 2(4) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 19(3)(d)(i), 118(1)(g)(ii) (with ss. 19(6), 116)
- F5
Words in Sch. 8 para. 2(4) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 19(3)(d)(ii), 118(1)(g)(ii) (with ss. 19(6), 116)
- F6
Words in Sch. 8 para. 2(5) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 19(3)(e), 118(1)(g)(ii) (with ss. 19(6), 116)
- F7
Words 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)
- F8
Words 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
- F9
Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 83(1)
- F10
Sch. 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.
- F11
Sch. 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)
- F12
Words 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
- F13
Sch. 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)
Marginal citations
- M1
Notes on Schedule 8
Textual amendments
- F1
Words in Sch. 8 heading inserted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 50(2) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(b)
Modifications
- C1
Sch. 8: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
- C2
Sch. 8 modified in part (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 12(5)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))
- C3
Sch. 8 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 31(2), 70(1)
- C4
Sch. 8 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 26(2), 64(1)