Is the Electricity Act fit for purpose?

Connection Legal Management is proud to be developing processes alongside distribution network operators, which in turn allows for the connection of green technologies, in the most legally efficient manner.

We are seeing a clear momentum from networks to relax their usual ‘standard’ approach to Land Rights, with the view to reduce the legal delays, which can happen with new connections. They are also working collectively to review current policies and legislation.

However, what is clear, is that more needs to be done.

The statutory position for electricity networks does not compel a landowner to enter into a consent, whether it be a wayleave or easement. Where offsite routes for connections are involved, electricity networks can be held to ransom by third party landowners, which can result in projects being delayed or are no longer financially viable due to the terms requested by landowners and their agents.

On the flip side, we have commercial landowners and estates issuing statements of their commitment to a ‘net zero future’, and on paper it would appear the two parties are working to the same end goal. However, the reality is quite different.

Landowners are not comforted by the current provisions of the Electricity Act, and with no contractual obligation on a network to act in a certain way or to adhere to landowner’s requirements, the whole delivery becomes quite an unattractive proposition for a party who seeks to gain no benefit from the connection. Sometimes the moral position on net-zero can be lost in the negotiation process.

So, what now?

CLM is delighted to be meeting with The Department for Business, Energy and Industrial Strategy who are working to ensure that the policies, legislation and processes in place are sufficient to allow electricity networks to enable our transition to Net Zero. We will be reviewing planning and consenting for electricity network infrastructure; considering the rights of electricity network operators to both access land and install the appropriate assets upon it, whilst protecting the rights of landowners.

CLM is in quite a unique position, in that we are able to offer our experience, from both a landowner and network position, across all networks and all types of land. We are interested to see where this conversation goes and how quickly changes might happen; but will it be enough? It may be too soon to tell, but at least the conversation is starting.