ANNEX
Letter from the Department of the Environment, Transport
and the Regions to the Clerk of the Committee
You asked about the role of the Secretary of State for Trade and
Industry in relation to the authorisation of cross-country pipelines
and whether or not it would be more appropriate for the Department
of the Environment, Transport and the Regions to exercise the
planning responsibilities involved in pipe-line authorisation.
As you will be aware, authorisations under section 1 of the Pipe-lines
Act 1962 have to be subject to a public notice period of 28 days
and that the proposals are notified to local planning authorities,
affected landowners and other bodies who have an interest in the
proposals. If a local planning or other body or person objects
to the application and the applicant is unable to resolve the
objections through negotiation then the Secretary of State for
Trade and Industry cannot issue the authorisation for the pipeline
until a public inquiry or hearing has been held. The pipe-line
construction authorisation carries with it deemed planning permission.
This Department's view is that as most of the authorised pipelines
carry oil and gas it is more appropriate for the Secretary of
State for Trade and Industry to be responsible for their authorisation.
There are similar arrangements for consents for development involving
power stations and overhead lines which are dealt with by the
Secretary of State for Trade and Industry under the Electricity
Act 1989.
23 July 1998
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