Current affairs: Government consultation on reform to legal framework for electricity infrastructure

The Department for Energy Security and Net Zero has launched a consultation regarding proposed reforms to land access, rights, and consent procedures for electricity network infrastructure. The consultation’s proposals aim to support the rapid expansion of electricity infrastructure in order to support the UK’s transition to Net Zero and help deliver the Clean Power target by 2030, while preserving fair and proportionate land access, rights, and consenting processes.

Necessary wayleaves

Where it has not been possible to reach an agreed position with a relevant landowner, a necessary wayleave (granted by the Secretary of State subject to a successful application) allows an electricity licence holder (ie, those authorised to generate, distribute or supply electricity) to install, keep installed, and access electric lines on private land. The consultation proposes various changes to the necessary wayleave process which, if implemented, will act to reduce procedural delays.

Arguably, the most impactful change proposed is increasing the standard term for necessary wayleaves, from the current 15 years to 40 years. This proposal is likely to be welcome amongst licence holders as the amendment would serve to better reflect the temporal reality of electricity apparatus retention (which the consultation notes is usually 40-80 years), and also reduce the frequency of renewals and the associated administrative costs.

Permitted development for substations

At present, substations up to 29 cubic metres can be constructed under existing permitted development rights. In order to circumnavigate the requirement to apply for express planning permission for a larger substation, it is reported that operators often achieve the desired capacity by installing additional or multiple substations, when it would likely be more cost effective and less visually impactful to deliver one larger substation. This is particularly topical in the context of the rapid increase in electric vehicle use, with anecdotal evidence (referenced by the consultation) suggesting that most EV charging stations are larger than 29 cubic metres, and as such the identified issue is likely to become exacerbated.

In order to address this, the consultation proposes increasing the limit for permitted development to 45 cubic metres, with appropriate limitations in relation to height, siting, and appearance for those exceeding the current cap.

The consultation anticipates that increasing the size of substations (which can be delivered using permitted development rights) would allow for the delivery of capacity upgrades and connections without delay, while also reducing the administrative burden on local planning authorities. It is likely that this pragmatic step will be well received by operators and customers alike.

S37 Consents – Upgrading and improving overhead lines

The consultation acknowledges that widescale overhead line refurbishment and upgrades will play a key role in the transformation of the electricity network in England and Wales.

At present, in many cases, the provisions of the Electricity Act 1989 (Electricity Act) require consent from the Secretary of State for the installation or modification of overhead electric lines. The government is concerned that the current regime catches many low-impact upgrades regardless of their actual impact on landowners or the surrounding landscape. This is placing increasing pressure on the consenting system and thereby leading to delays in delivery of overhead line improvements. In order to combat this, the government is proposing a series of reforms to streamline this process, reduce unnecessary applications, and focus regulatory scrutiny only where it is most needed.  

These reforms involve introducing additional exemptions to the need for express consent for overhead line improvements. For example, allowing for a 10% increase in the height of small pole supports and exempting upgrades from single-phase to three-phase overhead lines and where upgrades serve to increase the minimum operating voltage from 6.6kV to 11kV (provided that certain conditions are met).

The aim of these proposals is to avoid unnecessary regulatory hurdles for works that do not materially alter the infrastructure’s footprint or impact, which in turn should speed up delivery of key electricity infrastructure.

Nationally Significant Infrastructure Projects (NSIP) regime and overhead lines

The push toward net zero and the Clean Power 2030 target is driving a sharp rise in both the number and scale of electricity generation projects. The government has identified that smaller scale developments – many of which would not typically be considered nationally significant – which are being drawn into the NSIP regime. In turn, this is increasing delays and costs in delivering essential electricity infrastructure.

The consultation reports that the current thresholds for overhead line NSIPs are influencing the design and location of projects. For example, developers have reported that projects are being clustered within 2km of network connections or sited sub-optimally in order to avoid NSIP classification. This has led to increased land acquisition, greater reliance on underground cabling (which is significantly more expensive and has a greater impact on land), and a preference for gas-insulated substations over air-insulated ones, despite the latter being easier to maintain and expand.

This suggests that the current thresholds for electricity NSIPs may be too low.  

In order to address these issues, the consultation proposes:

• Increasing the distance threshold for NSIP classification from 2km to 10km, (together with amendments to legislation and guidance to clarify the parameters for calculating line length).
• Removing 132kV wooden pole lines from the scope of the NSIP regime. This is particularly relevant in the context of the sharp increase in electric vehicles as connections at 132kV are becoming more common, especially for high-capacity uses like heavy goods vehicle (HGV) electric charging. 

It’s intended that these changes will accelerate delivery of major transmission projects. With a surge in infrastructure projects expected in the near future, it is hoped that that the proposed amendments to the NSIPs thresholds will help relieve capacity constraints and ensure a more proportionate approach.

Statutory access to third-party land

Ensuring that operators can access land efficiently and lawfully is becoming increasingly important as the UK electricity network expands. Presently, Distribution Network Operators (DNOs) have statutory powers to enter private land to install, maintain, or replace electrical infrastructure, provided that the infrastructure has already been lawfully placed. However, the legislation is unclear as to whether these access rights extend to adjacent third-party land, which practically speaking is often necessary to install apparatus or to reach the infrastructure to be maintained or replaced. The consultation has identified that this ambiguity can lead to delays in carrying out essential works and increased costs, particularly where multiple landowners are involved.

The government proposes to deal with the identified issues, by amending the Electricity Act to:

• Explicitly confirm that access rights include adjacent third-party land where necessary for operational purposes.
• Extend existing provisions for compensation and damage repair to such land.

Additionally, Transmission Owners (TOs) currently lack the statutory access powers enjoyed by DNOs and must rely on voluntary agreements to secure the access required to install and maintain apparatus. While TOs report that access refusals are rare, when they do occur each individual case can cause significant delays and financial impacts. Indeed, TOs have reported instances where they’ve had to pursue compulsory acquisition of land rights to meet delivery timelines for NSIPs, incurring additional costs that are ultimately passed on to consumers.

To mitigate these risks, the government proposes extending the same statutory access powers to TOs (which do not currently enjoy such powers), including the clarified right to access adjacent third-party land. However, recognising the larger scale and complexity of transmission works, TOs would be required to give 30 working days’ notice before entering land, rather than the 5 working days’ notice which must be given by DNOs.

It is hoped that in clarifying and extending these access rights there will be a reduction in delays to network improvements which will support the timely delivery of critical energy projects.

Final thoughts

While the consultation doesn’t promise sweeping reform, it offers a series of targeted and pragmatic changes which, when taken together, could significantly improve the efficiency and clarity of the electricity network consents regime.

The consultation remains open until 2 September 2025. For those working in or advising the sector, now is the time to engage.