Paragraph 40 Electricity undertakings

Scotland

(1)

Development by F1an electricity undertaker for the purposes of their undertaking consisting of—

(a)

the installation or replacement in, on, over or under land of an electric line and the construction of shafts and tunnels and the installation or replacement of feeder or service pillars or transfor ming or switching stations or chambers reasonably necessary in connection with an electric line;

(b)

the installation F2... of any F3electronic communications line which connects any part of an electric line to any electrical plant or building, and the installation ... of any support for any such line;

F4(ba)

the replacement of any electronic communications line which connects any part of an electric line to any electrical plant or building, and the replacement of any support for any such line,

F5(c)

the carrying out of works for the purpose of survey or investigation and the installation of any plant or machinery reasonably necessary in connection with such works,

F6(ca)

the erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure,

(d)

the extension or alteration of buildings on operational land of the undertaking;

(e)

the erection on operational land of the undertaking of a building solely for the protection of plant or machinery; and

(f)

any other development carried out in, on, over or under the operational land of the undertaking.

(2)

Development is not permitted by this class if—

(a)

in the case of any development referred to in sub-paragraph (1)(a)—

(i)

it would consist of or include the installation or replacement of an electric line to which section 37(1) of the Eletricity Act 1989^f1 applies; F7...

(ii)

it would consist of or include the installation or replacement at or above ground level or under a road used by vehicular traffic, of a chamber for housing apparatus and the chamber would exceed F845 cubic metres in capacity;

F9(iii)

it would consist of, or include, the installation or replacement of a chamber for housing apparatus which would exceed 3 metres in height, or

(iv)

it would consist of, or include, the installation or replacement of a chamber for housing apparatus which would exceed 29 cubic metres in capacity and would be located—

(aa)

within 5 metres of a dwelling,

(bb)

in a national scenic area,

(cc)

in a National Park,

(dd)

in a conservation area,

(ee)

in a historic garden or designed landscape,

(ff)

in a historic battlefield,

(gg)

in the curtilage of a listed building,

(hh)

in the site of a scheduled monument,

(ii)

in a World Heritage Site.

(b)

in the case of any development referred to in sub-paragraph (1)(b)—

(i)

the development would take place in a national scenic area or a site of special scientific interest;

(ii)

the height of any support would exceed 15 metres; or

(iii)

the electronic communications line would exceed 1,000 metres in length;

F10(ba)

in the case of any development referred to in sub-paragraph (ca) if—

(i)

the height of any gate, fence, wall or other means of enclosure to be erected or constructed would exceed 3 metres above ground level, or

(ii)

the height of any existing gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or 3 metres above ground level,

(c)

in the case of any development referred to in sub-paragraph (1)(d)—

(i)

the height of the original building would be exceeded;

(ii)

the cubic content of the original building would be exceeded by more than 25% (or 10% in the case of any building situated in a conservation area or a national scenic area);

(iii)

the floor area of the original building would be exceeded by more than 1,000 square metres (or 500 square metres in the case of any building situated in a conservation area or a national scenic area);

(d)

in the case of any development referred to in sub-paragraph (1)(e) the building would exceed 15 metres in height; or

(e)

in the case of any development referred to in sub-paragraph (1)(f) it would consist of or include—

(i)

the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected; or

(ii)

the installation or erection by way of addition or replacement of any plant or machinery exceeding 15 metres in height or the height of any plant or machinery replaced, whichever is the greater.

(3)

Development is permitted by this class subject to the following conditions:—

(a)

in the case of any development referred to in sub-paragraph (1)(a) consisting of or including the replacement of an existing electric line, any conditions contained in a planning permission relating to the height, design or position of the existing eletric line shall so far as possible apply to the replacement line;

(b)

in the case of any development referred to in sub-paragraph (1)(a) consisting of or including the installation of a temporary electric line providing a diversion for an existing electric line, on the ending of the diversion or at the end of a period of six months from the completion of the installation (whichever is the sooner) the temporary electric line shall be removed and the land on which any operations have been carried out to install that line shall be restored as soon as reasonably practicable to its condition before the installation took place or to such condition as may have been agreed in writing between the planning authority and the developer;

F11(ba)

in the case of any development referred to in paragraph (1)(ba)—

(i)

the dimensions of the support for any electronic communications line are the same, or smaller than, the dimensions of the support being replaced,

(ii)

the electronic communications line and any support for such line are in the same, or substantially the same, location as the those being replaced, and

(iii)

no more electronic communications lines or supports for any such line are present than were present before the replacement,

(c)

in the case of any development referred to in sub-paragraph (1)(c) on the completion of that development or at the end of a period of six months from the beginning of that development (whichever is the sooner) any such plant or machinery shall be removed and the land shall be restored as soon as reasonably practicable to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer;

F12(d)

in the case of any development referred to in sub-paragraph (1)(e) F13which would exceed 3 metres in height—

(i)

the statutory undertaker shall, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building;

(ii)

the application shall be accompanied by a written description of the proposed development and the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii)

the development shall not be begun before the occurrence of one of the following:—

(aa)

the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

(bb)

where the planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

(cc)

the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(iv)

the development shall, except to the extent that the planning authority otherwise agree in writing, be carried out—

(aa)

where prior approval is required, in accordance with the details approved;

(bb)

where prior approval is not required, in accordance with the details -submitted with the application;

(v)

the development shall be carried out—

(aa)

where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

(bb)

in any other case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (d)(ii).

F14(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

For the purpose of this class—

“electric line” has the meaning assigned to that term by section 64(1) of the Electricity Act 1989^f2;
“electrical plant” has the meaning assigned to that term by the said section 64(1); F15...
F16“electricity undertaker” means the holder of a licence under section 6 of the Electricity Act 1989,
“electronic communications line” means a wire or cable (including its casing or coating) which forms part of a an electronic communications apparatus within the meaning assigned to that term by F17paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003.

Annotations

Textual amendments

F1: Words in Sch. 1 Pt. 13 Class 40(1) substituted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 17(2)(a) (with art. 2)
F2: Words in Sch. 1 Pt. 13 Class 40(1)(b) omitted (24.5.2024) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 17(2)(b) (with art. 2)
F3: Words in Sch. 1 Pt. 13 Class 40 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 31(2)(a)(b)
F4: Sch. 1 Pt. 13 Class 40(1)(ba) inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 17(2)(c) (with art. 2)
F5: Sch. 1 Pt. 13 Class 40(1)(c) substituted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 17(2)(d) (with art. 2)
F6: Sch. 1 Pt. 13 Class 40(1)(ca) inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 17(2)(e) (with art. 2)
F7: Word in Sch. 1 Pt. 13 Class 40(2)(a)(i) omitted (24.5.2024) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 17(3)(a) (with art. 2)
F8: Word in Sch. 1 Pt. 13 Class 40(2)(a)(ii) substituted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 17(3)(b) (with art. 2)
F9: Sch. 1 Pt. 13 Class 40(2)(a)(iii)(iv) inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 17(3)(c) (with art. 2)
F10: Sch. 1 Pt. 13 Class 40(2)(ba) inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 17(3)(d) (with art. 2)
F11: Sch. 1 Pt. 13 Class 40(3)(ba) inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 17(4)(a) (with art. 2)
F12: Sch. 1 Pt. 13 Class 40(3)(d) substituted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 7(3)
F13: Words in Sch. 1 Pt. 13 Class 40(3)(d) inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 17(4)(b) (with art. 2)
F14: Sch. 1 Pt. 13 Class 40(4) omitted (24.5.2024) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 17(5) (with art. 2)
F15: Word in Sch. 1 Pt. 13 Class 40(5) omitted (24.5.2024) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 17(6) (with art. 2)
F16: Words in Sch. 1 Pt. 13 Class 40(5) inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 17(6) (with art. 2)
F17: Words in Sch. 1 Pt. 13 Class 40(5) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 3 para. 1(2)(a)

Paragraph 40 Electricity undertakings

Annotations

Textual amendments

Footnotes

Notes on Part 13

Commencement