These Guidance Notes give advice and assistance to pipe-line promoters on how to make an application under Section 1 of the pipe-lines Act 1962 for a pipe-line construction authorisation. They should however not be read in isolation from the legislation which should be consulted if any points need clarification.
The Guidance Notes are divided into four parts with five appendices:
Part B Applications for a pipe-line construction authorisation
Part D Public inquiries and hearings; written representations procedure; compulsory rights orders and compulsory purchase orders
Appendix 1 Names and addresses of interested bodies
Appendix 2 Form PL2
Appendix 3 A specimen pipe-line construction authorisation
Appendix 4 A note detailing obligations under the pipe-lines Act 1962
Appendix 5 A note detailing obligations under the Reporting of Iinjuries, Diseases and Dangerous Occurrences Regulations 1995
A1. The principal legislation relevant to cross-country pipe-lines is listed below in chronological order with a brief summary of the requirements in each case. Unless the contrary is stated, all references below to "the Act" are to the Pipe-lines Act 1962 and section numbers refer to sections of that Act.
a) Coast Protection Act 1949
A2. Under section 34 of this Act, the consent of the Secretary of State for Transport is needed for work connected with pipe-line construction which causes or might result in obstruction or danger to navigation. Thus a separate application has to be made to the Marine Division of the Department of Environment, Transport and Regions for consent to construct any part of a cross -country or local pipe-line which is to lie between high and low water marks or across bays, estuaries etc. (Unlike applications for works authorisations for submarine pipe-lines, where the Department of Trade and Industry obtains this consent on behalf the applicant, the applicant for a pipe-line construction authorisation will have to obtain this consent himself).
b) Pipe-lines Act 1962
A3. Section 1 of this Act concerns authorisation procedures for the construction of cross-country pipe-lines (i.e. those exceeding or intended to exceed 16.093 kilometres in length).
A4. For the purposes of the Act, a pipe-line means a pipe together with any apparatus and works associated therewith and includes associated equipment such as pumps, compressors, valves, pipe-work, data transmission and control equipment, instrumentation systems, cathodic protection equipment and pipe supports (section 65(2)). This definition therefore includes, for example, the mechanical components of a compressor station but not any building, fences etc. around it for which planning permission in the normal way will need to be sought.
A5. Specifically excluded are drains and sewers, pipes for heating, cooling or domestic purposes, pipe-lines used in agriculture, education or research or pneumatic dispatch tubes and pipe-lines carrying air, water, water vapour and steam (section 65(1)).
A6. The Act applies to pipe-lines in land which includes the foreshore (the land between high and low water marks) and partially enclosed areas of the sea such as bays, estuaries and harbours. The precise limits of its applicability are the baselines defined in the Territorial Waters Order in Council 1964.
A7. The Act excludes pipe-lines owned by certain statutory bodies from the requirement for the Secretary of State's consent (sections 58 and 59), pipe-lines in factories, mines, quarries or petroleum depots (section 60), pipe-lines in docks (section 61) and government pipe-lines (section 62).
c) The pipe-lines (Notices) Regulations 1963 (SI 1963 No 151)
A8. These Regulations, made under the Act, prescribe forms to be used in relation to the application for and making of compulsory rights and compulsory purchase orders under the Act and, in relation to the variation of compulsory rights orders, by attaching thereto new conditions or by revocation or variation of conditions previously attached.
d) The Territorial Waters Order in Council 1964 as amended by the Territorial Waters (Amendment) Order 1979
A9. This Order establishes the baseline from which the breadth of the territorial sea adjacent to the United Kingdom, the Channel Islands and the Isle of Man is measured. This, generally, is the low-water line round the coast, including the coast of all islands, but between Cape Wrath and the Mull of Kintyre, a series of straight lines joining specified points lying generally on the seaward side of the islands lying off the coast are used, and where there are well defined bays elsewhere lines not exceeding 24 miles in length drawn across the bays are used.
e) The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (SI 1985 No 3163)
A11. See Appendix 5.
f) The Petroleum Act 1987
A12. Section 25 of this Act modifies Schedule 1 of the Act in respect of any application to place a pipe-line along a proposed modified route and section 26A gives the Secretary of State powers to send notices to ensure pipe-line owners have adequate funds to discharge their liabilities
g) The Pressure Systems and Transportable Gas Containers Regulations 1989 (SI 1989 No 2169)
A13. These Regulations apply to certain pipe-lines conveying gases and liquefied gases.
h) The Electricity and pipe-line Works (Assessment of Environmental Effects) Regulations 1990 (SI 1990 No 442)
A14. These Regulations are made under the European Communities Act 1972 and implement Council Directive 85/337/EEC. The Directive lays down the general manner in which environmental impact assessments for oil and gas pipe-lines should be prepared. The Regulations apply the Directive to all cross-country pipe-lines and separate detailed guidance notes on the environmental assessment of such pipe-lines are available from the Stationery Office. The Regulations are soon to be amended to implement the requirements of Council Directive 97/11/EC which amends Council Directive 85/337/EEC.
i) The Pipe-lines (Metrication) Regulations 1992 (SI 1992No 449)
A15. These Regulations made under the European Communities Act 1972 metricate certain sections of the Act. The metrication of the length of a cross-country pipe-line is exact to avoid the position where what would have been a local pipe-line in imperial units would be classified as a cross-country pipe-line in metric units.
j) The Pipe-lines (Inquiries Procedure) Rules 1995 (SI 1995 No 1239)
A16. These Rules are made under the Tribunals and Inquiries Act 1958 and lay down the procedures to be followed at public inquiries in respect of hearing objections to applications for pipe-line construction authorisations, compulsory purchase and compulsory rights orders.
k) The Pipeline Safety Regulations 1996 (SI 1996 No. 825)
A17. These Regulations apply, inter alia, to all pipes requiring authorisation under section 1 of the Act. They impose requirements regarding the design, construction, operations, maintenance and safety management of pipe-lines. The Regulations introduce the concept of a major accident hazard pipe-line (i.e. one carrying a "dangerous fluid") which is subject to additional requirements. These Regulations are of course the responsibility of HSE and not the Department of Trade and Industry.
l) The Deregulation (Pipe-lines) Order 1999 (SI 1999 No 742)
A18. This Order, which came into force on 3 April 1999, makes major changes to the Act. It repeals sections 2, 3 and 7 and introduces the possibility of using a written representations procedure to deal with unresolved objections to an application for a pipe-line construction authorisation. The Order also makes various consequential amendments arising from these changes. The effects of the major changes to the Act are as follows:
a) repeal of section 2 means that local pipe-lines (i.e. those 16.093 km long or less) no longer need to be notified to the Secretary of State.
b) repeal of section 3 means that a pipe-line diversion authorisation from the Secretary of State is no longer required for the diversion of an existing pipe-line unless the length of the diversion outside the limits of deviation exceeds 16.093 km in length which is the same as applying for a pipe-line construction authorisation under section 1.
c) repeal of section 7 means that a proposed pipe which is to be connected to another pipe now requires authorisation under section 1 only if the proposed new pipe exceeds 16.093 km in length. If it is 16.093 km long or less it is subject to a grant of planning permission. (See Part C below).
d) introduction of the written representations procedure means that unresolved objections to an application for a pipe-line construction authorisation can (with the agreement of the objectors and the applicant) be dealt with without recourse to a public inquiry or hearing.
In the following, references to the Secretary of State mean the Secretary of State for Trade and Industry and references to the Department mean the Department of Trade and Industry.
Preliminary consultation
B1. It is in the interest of those intending to construct a pipe-line to consult interested parties before making an application for authorisation. Experience has shown that it is generally much quicker for informal consultation to be undertaken at an early stage in a project rather than to rely solely on the statutory procedures. Once the Department has received an application, it will itself consult relevant Government Departments and local planning authorities and other organisations prior to considering whether to allow the application to proceed to public notice. The bodies normally so consulted are listed in Appendix 1. A pipe-line promoter may wish to consult such bodies prior to making an application although there may be additional organisations that should be consulted in individual cases.
B2. In addition to consulting bodies such as those listed in Appendix 1, it is advisable to present preliminary information (i.e. rather than the detailed application) on major pipe-line proposals to the Department and the Health and Safety Executive. This will enable the Department to circulate, in confidence if requested, details to Government Departments only and to advise on any special requirements that may be necessary.
B3. Local authorities have a particular interest in the route of a pipe-line and will be able to advise whether the proposed route conflicts with other planned developments or crosses national parks, SSSIs etc. It must be borne in mind that, although the Secretary of State is in effect the planning authority for cross-country pipe-lines, an objection by a local authority (if not withdrawn and if the written representations procedure is not to be used) necessitates a public inquiry and the Secretary of State will need to take into account the report of the inquiry before deciding whether a pipe-line construction authorisation should be granted.
B4. Each cross-country pipe-line application has to specify the rights and consents needed to enable the pipe-line to be constructed, inspected, maintained, repaired and renewed and has to state whether the rights and consents have been or can be obtained. Thus it will be necessary to contact all landowners, occupiers and other persons having rights or interests along the route either before an application is submitted (see B7(d) below). In agricultural land, the interests of owners and occupiers are normally represented by a body such as the Country Landowners Association or the National Farmers' Union and there is a standard proforma agreement available from these bodies. Contact with HM Land Registry could be useful in trying to identify landowners and occupiers. Again, it should be borne in mind that a public inquiry may be necessary if there are unresolved objections from a number of objectors other than the local authority (e.g. six or more) or if the objections are technical or complex in nature. If the number of unresolved objections is less than this and/or if the objections are straightforward, a hearing would probably be appropriate. A Code of Practice for Hearings is available. Alternatively, in suitable cases, the written representations procedure might be adopted - see Part D below.
B5. A pipe-line within the area of jurisdiction of a harbour authority must not be laid without the consent of that authority (section 39). There are provisions (section 40) to prevent interference with telegraph lines and railway signalling so British Telecom and Railtrack, where applicable, should always be consulted.
Authorisation procedure
B6. The statutory procedure for making and dealing with an application for a pipe-line construction authorisation is set down in Schedule 1 to the Act. All applications should be addressed to the Secretary of State for Trade and Industry and marked for the attention of Graeme Cobb located at the address given in Appendix 1.
B7. Each application must contain the following information:
a) A covering letter
b) A completed PL2 (a blank PL2 is at Appendix 2)
c) Three sets of maps showing the route of the pipe-line, on a scale of not less than 1/10,000. It is normally convenient for the route information to be presented in the form of "strip maps" based on reproductions of Ordnance Survey sheets, scale 1/10,000. The maps must indicate the proposed route, the limits of deviation requested and land ownership and occupancy boundaries with reference numbers. The best method of presentation is a continuous red line. The maps must also show (where known) the location of other pipe-lines, electrical transmission lines, British Telecom cables, etc. crossing or close to the proposed route and should indicate any recent housing estates, industrial development, new roads etc, not shown on the Ordnance Survey.
In addition to the statutorily required three sets of maps, a further 25 copies of the maps must be supplied with the application. These will be circulated to Government Departments, relevant local planning authorities and other interested bodies by the Department prior to the public notice period, and any comments passed to the applicant.d) Rights of access must be presented in the form of a "Schedule of Owners and Occupiers" (otherwise known as the "Book of Reference") setting out in tabular form the name of each property along the route, a reference number by which the property may be identified on the route maps, the name and address of each owner and/or occupier and indicating whether the landowner has raised any particular objection that is unlikely to be resolved by way of undertakings or compensation by the applicant. Three copies of this document should accompany the application. In addition, it should be stated whether or not the grant of any rights or the giving of any street or river works consents is requisite to enable the pipe-line to be constructed.
e) Three copies of an Environmental Statement must also accompany the application, where applicable. Guidance on the preparation of such a statement is contained in the publication "Guidelines for the Environmental Assessment of Cross-country Pipe-lines" available from the Stationery Office.
It is perfectly in order for the application to be made by another body in the name of the pipe-line owner and the Department would ordinarily be willing to change the name of the applicant when notified where the pipeline operator changes for whatever reason.. However, the pipe-line construction authorisation can only be issued to the pipe-line owner in order to ensure that the conditions in the schedule to the pipe-line construction authorisation are imposed on the right body.
B8. When an application has been received, the consultation procedure mentioned in paragraph B7(c) will be followed. The Secretary of State may refuse authorisation outright or allow the application to proceed, without prejudice to his right to give a subsequent refusal. This initial stage gives the Secretary of State the opportunity to influence the shape of the proposals from the outset and avoids the need for interested parties to make representations about a scheme if it is in any case unacceptable to the Secretary of State. The fact that the Secretary of State allows an application to proceed does not amount to approval and the Secretary of State remains free to refuse it later.
B9. If the application is allowed to proceed, the second stage is public advertisement of the proposals and the consideration of objections if any arise. The Department will write to the applicant with suggested forms of notices to be published and to be served together with lists both of those gazettes and newspapers where notices are to be published and of those persons or organisations on whom notices are to be served. The notices will include references to the limits of deviation (see paragraphs C13 and C14). If a local planning authority objects when the scheme is advertised and the objection is not subsequently withdrawn, the Secretary of State must either order a public inquiry or consider the objection by the written representations procedure before considering the granting of a pipe-line construction authorisation; for other objections he must either arrange an inquiry, afford the person making the objection an opportunity to be heard or consider the objection by the written representations procedure. Details of the written representations procedure are contained in Part D below. The Act gives the Secretary of State powers to hold a public inquiry even if no objections are received.
B10. All objections should be reasonable and relevant to the development and "duly" made, that is, within the relevant public notice period of at least 28 days. However, the Department is likely to ask that an applicant considers an objection which, for acceptable reasons, is made after the expiry of the public notice period and which raises an important new issue. Other objections received outside the public notice period need only be taken into account by the Secretary of State - applicants will not be asked to resolve them. Objections will not be taken into account if they are clearly malevolent or irrelevant. Objections made solely on terms of payment or compensation offered would normally be referred to the Lands Tribunal and not to a public inquiry or hearing.
B11. Once all objections have been resolved, it is open to the Secretary of State to grant the application or refuse it. If he grants it, he may authorise construction on the route originally applied for or on a modified route (see paragraphs C16 and C17). The Secretary of State may also specify limits of deviation within which the line should be laid. A pipe-line construction authorisation containing the conditions normally included is at Appendix 3 together with a note detailing the obligations placed upon pipe-line owners by the Act at Appendix 4. Copies of all pipe-line construction authorisations issued will be sent in their entirety to the relevant local planning authorities and other bodies if applicable. The Department will probably ask applicants for further copies of the maps for use with the pipe-line construction authorisation.
B12. The Secretary of State may direct, in accordance with powers under section 5 of the Act, that planning permission shall be deemed to have been granted for the construction of any pipe-line which he authorises. It is open to him to make such authorisation subject to any conditions which may properly be attached to planning permission. Such planning permission only covers the pipe-line itself and the apparatus and works associated with it. Associated apparatus and works are defined in section 65(2) and "pipe-line works" are defined in section 66 of the Act. For example, the planning permission does not cover any building to house a compressor nor the landscaping associated with that building. Consequently, planning permission would need to be obtained from the local planning authority in the normal way. If there is any doubt as to whether planning permission is required, early discussion with the Department and/or local planning authority is strongly recommended.
B13. The Secretary of State is required, in the exercise of his powers under the Act, to pay special attention to amenity (e.g. preserving natural beauty wherever it occurs, conserving flora and fauna etc.) (section 43) and the protection of water against pollution (section 44).
B14. It is emphasised that the powers of the Secretary of State, when granting an authorisation, are limited to approving the route, specifying limits of deviation and attaching conditions to deemed planning permission. He is not empowered to make his authorisation conditional on other matters, for example, consultation with water authorities about methods of construction or the taking of specified safety precautions.
B15. If construction has not been substantially started (e.g. erection of the fence either side of the working width; removal of any obstacles (trees, shrubs etc.)) within 12 months from the date of the authorisation being granted, the authorisation is invalid unless the Secretary of State has allowed an extension of time, having first satisfied himself that that owners and occupiers have had adequate opportunity to object to an extension of time. This will require those to whom a pipe-line construction authorisation has been issued writing to all owners and occupiers asking them to write to the Department (usually within 28 days of receipt of the letters) if they have any objections to the pipe-line construction authorisation being extended, usually by a further year. All such letters should be copied to the Department. If no objections are received, then a notice will usually be issued granting the extension.
Repeal of section 7
C1. The purpose of section 7(1) of the Act was to subject the construction of a series of pipelines amounting in aggregate to a length exceeding 16.093 km to the same control to which a single pipeline of that length would be subject. What it provided, in effect, was that, where a new pipeline was to be added to another pipeline, or connected two others, such that their combined length exceeded 16.093 kilometres, then, regardless of its own length, the new pipe had to be authorised by the Secretary of State under section 1 of the Act.
C2. The repeal of section 7 by the Deregulation (pipe-lines) Order 1999 means that in future a pipe-line promoter will decide if he needs a pipe-line construction authorisation under section 1 for a proposed pipe by looking at the length of what he will actually be constructing. In the case of pipes being connected to others, in the vast majority of cases, this will simply enable the promoter to ignore the length of any existing pipe to which his new pipe is to be connected. If the new pipe is to connect with another section of pipe which has already been authorised but not yet built and their aggregate length will be over 16.093 km, the promoter will only be able to claim that his pipe is not a cross-country pipe-line, if his pipe is actually a different pipe, i.e. genuinely another pipe. In other cases, e.g. the addition of a new section to the end of an authorised but not yet constructed pipe, the new section will be part of the other pipe and a pipe-line construction authorisation will be required to cover the length of the pipe-line as a whole where the aggregate length will exceed 16.093 km.
C3. Section 7(1) of the Act provided a safeguard against pipe-lines, which should have been authorised under section 1, being authorised instead through planning permission as a series of local pipes. Notwithstanding the repeal of section 7, the Department is of the opinion that deliberate abuse of the system is unlikely in practice. The administrative and cost burdens in making multiple planning applications are likely to prove a deterrent. The Department considers that in almost all cases where the promoter knows in advance that he will be constructing a set of pipes as a connected network of pipes with a total length of over 16.093 km, the promoter would obtain a pipe-line construction authorisation for the whole project. The longer the length of pipe involved the less attractive planning permission is as an option for the promoter. The Department considers therefore that promoters are unlikely to want to accumulate planning permissions for different parts of a system of new pipes to avoid the pipe-line construction authorisation process.
C4. In any event, it will be difficult to disguise that planning applications are being made to circumvent the need to submit one application under section 1 of the Act. A hypothetical example would be a pipe 20 km long off the NTS required to supply gas to a power station, where 8 km of the pipe were planned to go through an environmentally sensitive area and the remaining 12 km did not. If planning applications were to be made for the two different sections of pipe, neither planning application could show both a genuine start point and a genuine end point. If the NTS were the genuine start point, high pressure gas would seem to be being delivered in the middle of nowhere. If the power station were the genuine end point, then it would be possible to guess where the gas was coming from, even if no start point was indicated on the application. It would be easy for a local planning authority to see that there was something odd about such an application and the Department expects local authorities to notify the Department of any applications about which they have any doubts. The Department would then investigate whether a breach of section 1 of the Act had occurred.
C5. Another deterrent to abuse would exist in the fact that HSE routinely notifies the Department of all notifications made to it under the pipe-lines Safety Regulations 1996. The Department in this way becomes aware of the construction of all major hazard pipes which, for example, include all high pressure gas pipes and could, therefore, check whether such projects were already or should have been the subject of an application for a pipe-line construction authorisation.
C6. If a promoter is in any doubt as to whether or not the construction of a particular pipe-line requires a pipe-line construction authorisation, he should contact the Department for advice.
Pipe-line Routeing
C7. A pipe-line construction authorisation or planning permission to construct a local pipe-line does not in itself confer any rights to enter or carry out works in land. It is the responsibility of the pipe-line owner to obtain the necessary rights from landowners, lessees or occupiers. If these cannot be secured by voluntary agreement, a compulsory purchase or rights order (subject to special Parliamentary procedure) may be required. (See Part D below).
C8. For each pipe-line, it is usual for conditions of entry to be negotiated and agreed between the pipe-line owners and representatives of all landowners and occupiers (easements). Discussions with the CLA and NFU might be of assistance here. The conditions set out the obligations on each party, the terms of payment and compensation and may incorporate recommendations contained in the British Standard Code of Practice for pipe-lines -Part 1- pipe-lines on Land: general -BS8010: Part 1:1989 and the Petroleum Pipelines Safety Code (being Part 6 of the Institute of Petroleum Model Code of Safe Practice in the Petroleum Industry).
C9. Where pipe-lines are laid by voluntary agreement any payments made for rights in land are a matter for negotiation between the parties concerned. If rights are refused and a compulsory rights order is made the provisions of section 14 of the Act apply. These provide for payments equivalent to any depreciation in the value of a person's interest in the land for full loss together with compensation in respect of damage and disturbance and possibly reimbursement of reasonable legal/surveyors costs; disputes as to the amount are to be settled by the Lands Tribunal.
C10. Neither a pipe-line construction authorisation nor planning permission confer any rights of support for the pipe-line and the applicant must negotiate any support rights that he requires with the owner of the mineral rights. Where coal or other minerals are liable to be worked by underground mining in the vicinity there may be risk of subsidence which might impose additional stress on the pipe-line. For this reason, it is desirable to keep pipe-lines away from areas subject to severe subsidence wherever practicable. A properly designed welded steel pipe-line will, however, normally withstand some subsidence without its integrity being affected and it seems doubtful whether the risk of subsidence would be sufficient ground in normal circumstances for refusing consent to lay pipe-lines across an area if there were no reasonable alternative route. The Health and Safety Executive would give special attention to safety requirements for pipe-lines crossing such areas and might require additional safeguards such as regular monitoring of subsidence and assessment of any effects on the pipe-line.
C11. The presence of a pipe-line might seriously interfere with the working of surface minerals such as gravel extraction or opencast coal mining and it seems desirable so far as possible for pipe-lines to avoid crossing areas where such working is likely in the near future. If there is difficulty in finding a suitable alternative route, the applicants may agree to move the pipe-line at their own expense when mineral working is due to start. In cases where this appears likely to be necessary, it may be desirable for the Secretary of State to specify limits of deviation sufficient to accommodate the pipe-line in a new position and thereby avoid the need for any further approval. Such an approach might also need to be adopted in the case industrial and residential development or redevelopment.
C12. Section 45 of the Act imposes on any person executing pipe-line works in agricultural land the obligation to secure, as far as is practicable, that upon completion of the works, the land is so restored as to be fit for use for the purpose for which it was used immediately before the execution of the works began. This is usually interpreted as meaning that the land should be left in a similar condition as it was prior to the works commencing.
Limits of deviation
C13. Paragraph 6(2) of Schedule 1 to the Act provides that a pipe-line construction authorisation may specify limits of deviation within which lateral deviation from the route to be taken by the proposed pipe-line is permissible. The object of specifying limits of deviation is to give the promoter reasonable latitude to deviate round minor obstacles and to lay the pipe-line in the most convenient place within those limits to suit the requirements of the landowner or occupier. To be useful for this purpose, the limits should, therefore, normally be wider than the actual strip required for working. It should be emphasised that the limits of deviation only define the boundaries of the land on which works can lawfully be executed under the authorisation; they do not confer any rights as against persons having an interest in the land and such rights must still be obtained either by voluntary agreement or under a compulsory rights or purchase order. It is generally an advantage to landowners and occupiers to have wide limits of deviation because they then have greater opportunities of getting the line laid in the position which suits them best. Conversely, it may be a disadvantage to the promoters to have too wide limits because they may then be under pressure to deviate unduly rather than take the most direct route. Very wide limits may also be undesirable if they overlap land in different ownership.
C14. The limits of deviation are normally 200 metres either side of the pipe from start to finish, that is in effect, a corridor 400 metres wide. There is nothing in the Act, however, which requires the limits of deviation to be the same throughout the length of the pipe-line and it is open to the Secretary of State to specify different limits for different localities, in the light of any representations made. There may, for example, be some localities where it would be appropriate to specify wider limits of deviation than those allowed generally. For example, if a landowner has requested a minor deviation of the route to a different position on his land, it may be simpler to specify limits of deviation sufficient to accommodate the line in the new position rather than make a formal modification to the route. Another instance where wider limits could be allowed might arise in cases where the best route for the line in a particular locality could not be determined at the time, perhaps because the route of a new road to be constructed in the area had not been finally settled. Equally, there may be places where it would be appropriate to specify narrower limits of deviation because the precise position of the line is important or a local planning authority might be concerned that a particular piece of land is avoided. If it is at all possible, the limits of deviation in the maps attached to a pipe-line construction authorisation should be identical to those in the maps which were part of the application. Changes in limits of deviation after an application has been submitted may require further consultation, depending on the extent of the changes.
C15. Limits of deviation for local pipe-lines are discussed in paragraph C24 below.
Route modifications
C16. This paragraph and the next apply to route modifications which extend beyond the limits of deviation that may reasonably be specified in an authorisation. What is reasonable will depend on the type of land, the number of different landowners and on how controversial the proposals may be. For instance, wide deviation limits may be acceptable in sparsely inhabited land under the same ownership thus obviating the need for any route modifications but wide limits of deviation may well not be acceptable in land near a built-up area. Each case has to be considered on its particular merits and it would be advisable for the applicant to agree procedural details with the Department before making a formal application.
C17. If a proposed route modification cannot be accommodated within reasonable limits of deviation, the modified route can only be authorised if the Secretary of State is satisfied that adequate opportunity for objection has been afforded. This may be at a public inquiry, in which case notices advertising the inquiry would have to specify that a route modification would be considered. This is the procedure set out in paragraph 6A of Schedule 1 to the Act. Alternatively, the applicant could submit a completely new application under section 1 of the Act.
Pipe-line diversions
C18. With the repeal of section 3 of the Act by the Deregulation (pipe-lines) Order 1999, there is now no longer a separate statutory procedure for diverting pipe-lines involving the grant of a pipe-line diversion authorisation as such. If a pipe-line is to be diverted, the question of whether or not the construction of the diversion requires an authorisation from the Secretary of State will be determined by the provisions of section 1 of the Act. Under section 1(1A) the construction of a diversion (i.e. a diversion beyond any permitted limits of deviation) is to be treated as the construction of a separate pipe-line. In other words, diversions are to be treated in the same way as the construction of new pipes. As a result, authorisation from the Secretary of State will only be required if the length of the diversion outside the limits of deviation exceeds 16.093 km. Diversions 16.093 km or less in length will require planning permission.
C19. There is one exception to the rule set out in paragraph C18. Where a cross-country pipe-line is to be diverted after a pipe-line construction authorisation has been granted but before construction of the length of pipe which is being diverted has started, an authorisation from the Secretary of State under section 1 will be required for the diversion, regardless of its length (section 1(1A)(b)).
C20. A cross-country pipe-line may be diverted without further authorisation if the diverted portion of the pipe-line is within the authorised limits of deviation, although any diversion may require the pipeline owner to obtain additional rights of access to the pipeline from owners and occupiers.
Pipe-line safety
C21. This is now governed by the Pipelines Safety Regulations 1996 which are the responsibility of the Health and Safety Executive. Guidance on those Regulations is available from the HSE Books.
Local pipe-lines
C22. As a result of the repeal of section 2 of the Act by the Deregulation (pipe-lines) Order 1999, notification to the Secretary of State of the intention to construct a proposed local pipe-line is no longer required. Some other requirements in relation to such pipe-lines have also been lifted (e.g. the requirement under section 35 for a map of the pipe to be deposited with the local authority and the requirement under section 36 for notification to the Secretary of State of the beginning and cesser of use of a pipe). Other requirements, however, remain, e.g. the requirements in sections 39 and 40 regarding interference with navigation and telephone lines etc. and those of sections 15, 16 and 43 regarding works in streets and agricultural land also remain. In addition, the requirement under section 38 to notify the Secretary of State of a change in ownership of a local pipe-line remains. This requirement was retained in order to ensure that it would always be possible for any person wishing to take advantage of third party access rights (discussed in paragraphs C25 to 28 below) in relation to "additional pipe-lines" (as defined in section 66 of the Act) to obtain up to date information regarding the ownership of relevant pipes.
C23. Construction of a local pipe-line is authorised by the local planning authority who may impose conditions when granting consent. As a result of the repeal of sections 7 and 3 of the Act, there will be an increase in the number of pipes requiring planning permission as opposed to an authorisation from the Secretary of State. As explained in paragraph B1 above, when dealing with applications for a pipe-line construction authorisation, the Department always undertakes an extensive but informal consultation prior to allowing the applicant to proceed to public notice. The Department would encourage local planning authorities to consult as widely as possible on applications for planning permission for local pipe-lines to ensure that interested persons/bodies have a similar opportunity to comment. Where a proposed local pipeline crossed two or more local planning authorities, it is likely that the best way to proceed would be for the local planning authority with the bulk of the route of the pipeline to deal with the planning application on behalf of the other local planning authority(ies).
C24. A further consequence of the Deregulation (pipe-lines) Order 1999 is that the pipe-lines (Limits of Deviations) Regulations 1962 (SI 1962 No 2845), as amended, will cease to apply to local pipe-lines. This means that limits of deviation of 30 metres will no longer automatically be granted for local pipe-lines. It will in future therefore be the responsibility of pipe-line promoters to request appropriate limits of deviation when applying for planning permission for local pipe-lines. What constitutes appropriate limits of deviation will depend on the nature of the route of the pipeline and whether local planning authorities or any other bodies interested in the pipe have any particular concerns. For example, narrow limits of deviation could be stipulated if the pipe is planned to pass close by to an area of local significance.
Third party access
C25. Sections 9 and 10 give the Secretary of State powers to avoid the unnecessary proliferation of pipe-lines. Section 9 allows the Secretary of State, when he receives an application for a pipe-line construction authorisation, to require the pipe to be built to a certain minimum capacity, if he is satisfied that there will be demand to convey the same substance over substantially the same route. The Secretary of State is also given powers to impose conditions in the pipe-line construction authorisation relating to future third party access to the pipe. Section 10 allows the Secretary of State at the request of a third party to impose conditions granting and regulating third party access to an already existing pipe-line again where the Secretary of State is satisfied that this appropriate and will avoid unnecessary proliferation.
C26. Sections 9 and 10 only apply to pipes authorised by a pipe-line construction authorisation. With the repeal of section 7, some pipes will cease to be subject to such authorisation. However, in order to preserve access rights as regards such pipes, a new section 9A has been inserted into the Act by the Deregulation (Pipe-lines) Order 1999. This allows the Secretary of State to impose the same conditions on the type of pipe which would have been caught by section 7(1) as he would have previously under section 9. Such conditions will be imposed by a notice from the Secretary of State which will be served after an application for planning permission for the relevant pipe has been made but before permission has been granted. As the Secretary of State will not as a matter of course receive notice of planning applications, the ability of the Secretary of State to impose conditions will rely on third parties alerting him to the fact that the proposed pipe is in an area where others would be likely to want access to the pipe concerned.
C27. Section 10 has been amended to ensure that again the type of pipes which previously would have been subject to a pipe-line construction authorisation because of section 7(1) will still be subject to third party access rights even though in future their construction will not require a pipe-line construction authorisation. A new subsection (7) in section 10 provides that the section 7(1) type of pipe is to be treated as a cross-country pipe for the purposes of section 10.
C28. A new section 10A provides that, if pipes which are already subject to requirements under sections 9, 9A and 10 are subsequently diverted, the diverted section remains subject to the same requirements notwithstanding the fact that the new section of pipe will have been authorised separately, in most if not all cases, by planning permission as a local pipe-line. Similarly an amendment has been made to section 10 to ensure that a pipe originally constructed pursuant to a pipe-line construction authorisation but subsequently diverted (whether or not by a pipe-line construction authorisation) remains subject to third party access rights throughout its whole length.
Public inquiries and hearings
D1. As stated previously, if a local planning authority objection to a proposed cross-country pipe-line is not withdrawn, then the Secretary of State must call a public inquiry. If an objection from any other body is not withdrawn, then the Secretary of State must hold a public inquiry or hearing. In both cases, objections can as an alternative be dealt with using the written representations procedure (see paragraphs D6 to D10 below).
D2. If an inquiry or hearing is held, then in deciding whether to issue a pipe-line construction authorisation, the Secretary of State will take into account the report of the Inspector who chaired the public inquiry or hearing and will make his decision known through the issue of a decision letter to the applicant. This decision letter and a copy of all or parts of the Inspector's report will be made available to all those who maintained their objection and attended the public inquiry or hearing.
D3. The rules governing the conduct of a public inquiry in England and Wales are set out in the pipe-lines (Inquiries Procedure) Rules 1995. A Code of Practice describing the conduct of hearings is also available. An inquiry or hearing in Scotland is governed by different procedures. The Department can advise on these procedures.
D4. Cross-country pipe-line promoters should not assume in framing the overall timetable for their project that there will not be a public inquiry or hearing. However, the likelihood of there having to be one or the other should be diminished if the promoter has consulted informally with all landowners and potentially interested bodies prior to submission of the application (see Appendix 1). This should reduce the possibility of objections being raised during the public notice period.
D5. If a public inquiry or hearing proves necessary, it is likely that at least six months -and may be as much as nine or twelve months -could be added to the length of time between the date of submission of the application for a pipe-line construction authorisation to the Secretary of State and the issue of the authorisation, assuming the Inspector's report recommends and the Secretary of State agrees that the authorisation should be issued. It is likely in these circumstances that the Schedule of conditions to the pipe-line construction authorisation will be expanded.
The written representations procedure
D6. Where an objection to an application under section 1 from either a local planning authority or any other body or person has not been withdrawn, the Secretary of State can decide to consider the objection by the written representations procedure, instead of arranging for a public inquiry or hearing. The written representations procedure may be a suitable alternative to an inquiry or hearing where there are very few outstanding objections or, in some cases, where a representative for a number of objectors submits identical or nearly identical objections on their behalf. It will not, however, be possible to proceed in this way if the issues raised are technical or complex and could not adequately be dealt with in correspondence.
D7. If the Secretary of State decides that it is practicable to consider outstanding objections on the basis of written representations, he must give notice to the applicant and every objector that he intends to proceed in this way. If, at the expiry of 28 days after the Secretary of State has given the notice, neither the applicant nor any of the objectors has responded saying they do not want their objection dealt with in this way, then the written representations procedure will be used. If, however, either the applicant or any of the objectors does not want the written representations procedure to be used, then there has to be a public inquiry or hearing, as appropriate.
D8. Even after consideration of objections using the written representations procedure has commenced, if an objector writes to the Secretary of State with good reasons saying that he does not wish to proceed any further with that procedure, then the objections have to be heard instead at either a public inquiry or hearing, as appropriate. It is also possible for the Secretary of State to call a halt to the use of the written representations procedure if he thinks fit and continue by way of inquiry or hearing.
D9. Paragraph 8A of the First Schedule to the Act sets out the procedure where objections are to be considered on the basis of written representations. It is incumbent upon both the applicant and the objector to ensure that they respond within the time limits specified. There is provision for the Secretary of State to allow further time for any of the steps mentioned in paragraph 8A. In practice it is unlikely that this provision will be used unless there are good reasons for doing so. The application will be determined when each side has been given a reasonable opportunity to comment on the other side's representations and when the Secretary of State is satisfied that sufficient information has been obtained for him to be able to proceed to make a determination.
D10. The written representations procedure can also be used where applicants for a pipe-line construction authorisation seek a modification to the route of the pipe-line under paragraph 6A of the First Schedule. Under this paragraph, applicants seeking a route modification, have to serve notices of the proposed change on all local planning authorities and others specified by the Secretary of State, giving such bodies 28 days in which to respond to the Secretary of State with objections. If these objections cannot be resolved, then the written representations procedure may be used to deal with them.
Compulsory rights and compulsory purchase orders
D11. As stated previously, access to land to carry out works for either cross-country or local pipelines should ideally be achieved through voluntary agreements (easements) entered into by the pipe-line owner and individual landowners, lessees and occupiers. Occasionally, such agreements cannot be entered into because of fundamental disagreements. In these circumstances, it is then open to the pipe-line promoter to use the powers of compulsory purchase or compulsory rights orders as set out in sections 11 and 12 respectively and Part I of the Second Schedule to the Act.
D12. An application for a compulsory purchase or compulsory rights order
follows to a similar degree the process for an application for a pipe-line
construction authorisation with provision for an inquiry or hearing, if that
proves to be necessary. In the case of an application in relation to a local
pipeline, then relevant documentation from the planning application should
also be submitted.
If there has been an inquiry or hearing to hear objections, the Secretary
of State will consider the report of the Inspector who chaired the inquiry
or hearing and decide whether to allow the application to proceed. If he
does, then the order is subject to a special Parliamentary procedure. It
should be noted that the written representations procedure cannot be used to
hear objections to a compulsory purchase order or compulsory rights order
application.
D13. In the event that it is necessary, it is likely that the inquiry or hearing to hear objections would take place about three to four months after the date of the application. A choice of dates will be offered for the inquiry or hearing which, if all were refused, would be followed by the setting of a date for the inquiry or hearing by the Department. It is likely that the report from the inquiry or hearing would take another three to four months to be available. The report would then need to be submitted to Ministers who would need to decide whether the application should proceed to the special Parliamentary procedure. This procedure would need to be fitted into Parliamentary time so it is difficult to be exact about how long it would take - probably months rather than weeks.