Instruments reported
At its meeting on 4 June 2025 the Committee scrutinised a number of instruments in accordance with Standing Orders. It was agreed that the special attention of both Houses should be drawn to three of those considered. The instruments and the grounds for reporting are given below. The relevant departmental memoranda are published as appendices to this report.
1 S.I. 2025/378: Reported for requiring elucidation
The Electricity (Individual Exemption from the Requirement for a Transmission License (Sporiad na Mara) (Scotland) Order 2025
Procedure: Made negative
1.1 The Committee draws the special attention of both Houses to this Order on the ground that it requires elucidation in one respect.
1.2 This Order grants an indefinite exemption from the requirement to hold a transmission licence to Spiorad na Mara Limited in respect of the transmission of electricity from the Spiorad na Mara offshore generating station to the onshore substation located on the Isle of Lewis. The Order gives a precise location for the offshore generating station but refers to the location of the onshore substation as “near the northern coast of the Isle of Lewis” (article 2(1)). The Committee asked the Department for Energy Security and Net Zero to explain why it was not considered necessary to give a more precise location for the onshore substation.
1.3 In a memorandum printed at Appendix 1, the Department explains that the precise location of the onshore substation is yet to be determined as it is still being planned and has not yet been built. The Department asserts that the location of the offshore generating station alone is sufficient to enable identification of the transmission asset in respect of which exemption is granted. The Committee accepts that this approach may be sufficient in most cases. However, in this case, given that the onshore substation is yet to be built, it is difficult to identify the actual transmission system for the purposes of the exemption. The Committee reiterates that legislation should be as clear as possible but is content to report article 2(1) for requiring elucidation, provided by the Department’s memorandum.
2 S.I. 2025/409: Reported for defective drafting
3 S.I. 2025/411: Reported for defective drafting
The Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025
The Town and Country Planning (Crown Development) (Urgent Applications) (Procedure) (England) Order 2025
Procedure: Made negative
2.1 The Committee draws the special attention of both Houses to these Orders on the ground that they are both defectively drafted in one respect.
2.2 These Orders set out the procedure for Crown Development applications for planning permission where the development is of national importance. Where an application is made for outline planning permission, the Secretary of State may grant that permission subject to approval of reserved matters at a later stage.
2.3 Article 2 of both instruments sets out definitions. “Access” is defined in relation to reserved matters and refers to accessibility “to” and “within” the site “for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network.” The definition of “reserved matters” provides for access to be a reserved matter but only where details have not been given in the application for outline planning permission. However, when an application for outline planning permission is made, details of access points to the proposed development are required to be included in that application in accordance with article 5(4) of S.I. 2025/409 and article 6(4) of S.I. 2025/411. The Committee was unclear how access “to” the site could be a reserved matter given the requirement in articles 5(4) and 6(4) respectively and asked the Ministry of Housing, Communities, and Local Government to explain the apparent discrepancy.
2.4 In a memorandum printed at Appendix 2, the Department explains that articles 5(4) and 6(4) simply relate to positioning and treatment of access points and at the reserved matters stage, where article 2 applies, the applicant is required to submit more detailed plans and drawings (for example, junction design, flow and volume of traffic within the site and how these interact with the wider transport network). The Committee understands that more detail is required at the reserved matters stage but the Department’s explanation does not fully resolve the drafting issue that article 2 refers to “the positioning and treatment of access” as being a reserved matter when at least some of those details will have already been supplied in accordance with articles 5(4) and 6(4) respectively. The Committee accordingly reports article 2 of each instrument for defective drafting.
Instruments not reported
At its meeting on 4 June 2025 the Committee considered the instruments set out in the Annex to this Report, none of which were required to be reported to both Houses.
Annex
Draft instruments requiring affirmative approval
Instruments subject to annulment
|
S.I. Number |
S.I. Title |
|
S.I. 2025/526 |
The Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2025 |
|
S.I. 2025/531 |
The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2025 |
|
S.I. 2025/532 |
|
|
S.I. 2025/556 |
The Transfer of Functions (Fire and Rescue Services) Order 2025 |
|
S.I. 2025/557 |
|
|
S.I. 2025/559 |
|
|
S.I. 2025/580 |
Instruments not subject to Parliamentary proceedings not laid before Parliament
|
S.I. Number |
S.I. Title |
|
S.I. 2025/535 |
|
|
S.I. 2025/572 |
The Financial Services and Markets Act 2023 (Commencement No. 9) Regulations 2025 |
Appendix 1: Memorandum from the Department for Energy Security and Net Zero
S.I. 2025/378
The Electricity (Individual Exemption from the Requirement for a Transmission License (Sporiad na Mara) (Scotland) Order 2025
1. The Committee has asked the Department for Energy Security and Net Zero for a memorandum on the following point(s):
Explain why it was not considered necessary to give a more precise location for the onshore substation than “near the northern coast of the Isle of Lewis” (article 2(1)).
2. The Department considers that:
a. the S.I., taken as a whole, provides a sufficiently precise description of the description of the location to enable identification of the transmission asset in respect of which exemption is granted, and
b. the more general description at issue is essentially consistent with the approach taken by previous S.I.s, which have often referred to approximate locations alongside precise coordinates.
3. In relation to the first point at 2(a), article 2(3) provides the following definition:
“Spiorad na Mara offshore generating station” means the generating station located, or to be located, between 5 and 13 kilometres off the coast of the Isle of Lewis in the Atlantic Ocean, with its central point being approximately Latitude 58° 24’ 29.113” and Longitude -6° 47’ 16.379”.
4. The purpose of specifying the location of the generating station is to assist in the identification of the transmission asset in respect of which exemption from the requirement to hold a licence is being granted to the owner or operator of the asset. As such, the Department considers that the location of the generating station alone will be sufficient. The above definition provides as exact a location as can currently be provided for the generating station, which is currently in development. The precise location of the onshore substation has yet to be determined, and so it is not possible to provide a more precise location. The Department accordingly considers that there can be no doubt about the identification of the offshore transmission cable in respect of which exemption is being granted, given the provision of coordinates for the generating station and notwithstanding the general description of the location of the onshore substation (which will constitute the other end of the transmission asset).
5. In relation to the second point at paragraph 2(b), by way of examples illustrating the approach taken previously, the following S.I.s which provide for electricity transmission exemptions have often employed general descriptions with approximate locations in the relevant definitions of the wind farm in question, whilst also providing a precise location by way of coordinates.
6. The Electricity (Individual Exemption from the Requirement for a Transmission Licence) (Dogger Bank A) Order 2025 (S.I. 2025/27) provides in article 2(3):
“Dogger Bank A Offshore Wind Farm” means the generating station located approximately 100 kilometres from the shore, in the North Sea and off the Yorkshire coast, its coordinates at its central point being Latitude 54° 46.995 and Longitude 1° 51.268.
7. The Electricity (Individual Exemption from the Requirement for a Transmission Licence) (Seagreen) (Scotland) Order 2024 (S.I. 2024/700) provides in article 2(3):
“Seagreen Offshore Wind Farm” means the generating station located approximately 27 kilometres off the coast of Angus, in the Northeast of Scotland, with its central point being approximately Latitude 56°35’17”N and Longitude 1°44’28”W.
8. This S.I. has departed slightly from the approach taken in previous exemption S.I.s. Most transmission exemptions relate to generating stations which have already been built, but Spiorad na Mara is still in the process of being planned and has not yet been built (and as mentioned above, the precise location of the onshore substation has yet to be determined.
9. The design of the Spiorad na Mara wind farm means that there will be two onshore substations on the Isle of Lewis, one “landfall” substation near the northern coast, and one at the point of connection with the Western Isles HVDC Link on the eastern coast of the Isle of Lewis (see paragraph 5.12 of the Explanatory Memorandum to the S.I.). It was considered necessary to be clear about which of the two substations constitutes the end of the transmission asset being exempted. The exact location of the substation near the northern coast of the Isle of Lewis will be determined through the Scottish consenting process.
10. Furthermore, normally a description of the asset at the other end of the transmission assets (that is, the end of the transmission asset which is not at the generating station) refers only to an “offshore substation” and the location of the asset is not mentioned at all. By way of further example, other exemption S.I.s have not identified the precise location of the generating station or the related offshore installation except in general terms. The Electricity (Individual Exemption from the Requirement for a Supply Licence) (Green Volt) (Scotland) Order 2024 (S.I. 2024/809) provides as follows in article 2(1):
“Green Volt offshore generating station” means the generating station, or that part of the generating station—
(a) located in offshore waters(a) approximately 80 kilometres from the coast of Aberdeenshire, Scotland, within the limits of the generating station area, and (b) at which electricity is generated for the purpose of supplying at least one offshore installation.
11. Please advised if any further information would assist.
Department for Energy Security and Net Zero
19 May 2025
Appendix 2: Memorandum from the Ministry of Housing, Communities and Local Government
S.I. 2025/409
S.I. 2025/411
The Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025
The Town and Country Planning (Crown Development) (Urgent Applications) (Procedure) (England) Order 2025
1. The Committee has asked the Ministry for Housing, Communities and Local Government for a memorandum on the following point(s):
In relation to S.I. 2025/409: Given that the definition of “access” in article 2 relates only to access in relation to reserved matters, explain how “accessibility to .... the site” comes within the definition of “reserved matters” (i.e. matters in respect of which details have not been given in the application for outline planning permission) given that details of access points to the proposed development must be included in the application for outline planning permission (article 5(4)).
In relation to S.I. 2025/411: Given that the definition of “access” in article 2 relates only to access in relation to reserved matters, explain how “accessibility to .... the site” comes within the definition of “reserved matters” (i.e. matters in respect of which details have not been given in the application for outline planning permission) given that details of access points to the proposed development must be included in the application for outline planning permission (article 6(4)).
2. These questions concern identical drafting in both of the Orders and so are taken together in this memorandum.
3. When an application for outline planning permission is made, details of access points to the proposed development are required in accordance with article 5(4) of S.I. 2025/409 and article 6(4) of S.I. 2025/411. At the reserved matters stage, much greater detail of the “accessibility to and within the site” is required in accordance with article 2. It is usual for full detail of the development to only be available at the reserved matters stage. That is the point at which the decision maker needs to be fully informed in making their reserved matters decisions on matters such as layout, landscaping and, in relation to access: matters such as the detail of junction design.
4. Article 2 of both S.I.s, which applies at the reserved matters stage, contains an identical definition of “access”. This provides that certain matters are reserved for subsequent approval by the decision maker. In that definition, access includes “accessibility to and within the site…..for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network”. The definition in article 2 is therefore wider than the definition in article 5(4) or 6(4) which simply considers positioning, that is, where access points to the site are to be situated, and the treatment of those access points.
5. For example, at the outline application stage, the decision-maker will consider whether, in planning terms, the principle of development is acceptable. That is, should outline planning permission be granted for development of this type and scale on this site. To this end, in accordance with article 5(4) or 6(4), the applicant would be required to submit a plan indicating the indicative access points to the site. This is so views from the local highways authority can be sought on whether the proposed amount and type of development would in principle be suitable, subject to consideration of further details, including further detail on access, at the reserved matters stage.
6. At the reserved matters stage, where article 2 applies, where approval is sought for access, a more in-depth assessment of the likely transport matters raised by the development is required. This would include consideration of wider matters such as junction design, flow of pedestrian and vehicular traffic within the site, volume of traffic generated by the uses on site, and how these interact with the wider transport network. This would require the applicant to submit more detailed plans and drawings such as cross-section of junctions to show visibility splays, and detailed assessments indicating volume of traffic.
7. The level of detail required at the reserved matters stage would correlate to the scale of the development, but in some cases the level of detail required to consider these more detailed matters will not be known to the applicant at the outline stage, especially if other matters such as landscaping, and layout are not defined.
8. The Department is grateful to the JCSI for their questions and hopes that this fully addresses any concerns.
Ministry for Housing, Communities and Local Government
20 May 2025
Formal Minutes
Wednesday 4 June 2025
Members present
Sir Bernard Jenkin, in the Chair
Lord Brady of Altrincham
Lord Carter of Haslemere
Helena Dollimore
Lord Meston
Baroness Miller of Chilthorne Domer
Lord Sahota
Baroness Sater
Report consideration
Draft Report (Twenty-sixth Report), proposed by the Chair, brought up and read.
Ordered, That the draft Report be read a second time, paragraph by paragraph.
Paragraphs 1.1 to 2.4 read and agreed to.
Annex agreed to.
Papers were appended to the Report as Appendices 1 to 2.
Resolved, That the Report be the Twenty-sixth Report of the Committee to both Houses.
Ordered, That the Chair make the Report to the House of Commons and that the Report be made to the House of Lords.
Adjournment
Adjourned till Wednesday 11 June 2025 at 3.40 p.m.
List of Reports from the Committee during the current Parliament
All publications from the Committee are available on the publications page of the Committee’s website.
Session 2024–25
|
Number |
Title |
Reference |
|
25th |
2 Statutory Instruments Reported |
HC 291-xxv |
|
24th |
2 Statutory Instruments Reported |
HC 291-xxiv |
|
23rd |
2 Statutory Instruments Reported |
HC 291-xxiii |
|
22nd |
3 Statutory Instruments Reported |
HC 291-xxii |
|
21st |
2 Statutory Instruments Reported |
HC 291-xxi |
|
20th |
5 Statutory Instruments Reported |
HC 291-xx |
|
19th |
No Statutory Instruments Reported |
HC 291-xix |
|
18th |
2 Statutory Instruments Reported |
HC 291-xviii |
|
17th |
No Statutory Instruments Reported |
HC 291-xvii |
|
16th |
1 Statutory Instrument Reported |
HC 291-xvi |
|
15th |
1 Statutory Instrument Reported |
HC 291-xv |
|
14th |
No Statutory Instruments Reported |
HC 291-xiv |
|
13th |
8 Statutory Instruments Reported |
HC 291-xiii |
|
12th |
2 Statutory Instruments Reported |
HC 291-xii |
|
11th |
2 Statutory Instruments Reported |
HC 291-xi |
|
10th |
2 Statutory Instruments Reported |
HC 291-x |
|
9th |
2 Statutory Instruments Reported |
HC 291-ix |
|
8th |
4 Statutory Instruments Reported |
HC 291-viii |
|
7th |
1 Statutory Instrument Reported |
HC 291-vii |
|
6th |
4 Statutory Instruments Reported |
HC 291-vi |
|
5th |
5 Statutory Instruments Reported |
HC 291-v |
|
4th |
2 Statutory Instruments Reported |
HC 291-iv |
|
3rd |
10 Statutory Instruments Reported |
HC 291-iii |
|
2nd |
No Statutory Instruments Reported |
HC 291-ii |
|
1st |
2 Statutory Instruments Reported |
HC 291-i |