Electricity - necessary wayleaves: guidance for applicants, landowners and occupiers – 2022 update

Guidance on the procedure adopted by the Scottish Ministers in receiving and determining applications by network operators under the Electricity Act 1989 for necessary wayleaves, to retain or place electric lines on land. The guidance was updated in March 2022.


Timescales

79. Indicative timescales for various stages in the necessary wayleave process can be summarised as follows:

  • Applications will usually be acknowledged by the ECU within 10 working days of receipt.
  • In cases where the necessary wayleave application involves an existing line, requests for a sist will be considered within 6 weeks of the date of acknowledgement of receipt of the application/ notification by the ECU of the application to the landowner. The ECU may agree to sist a necessary wayleave application only in limited circumstances as described at paragraphs 51 and 52.
  • Applications will usually be referred by the ECU to the DPEA for consideration within 8 weeks of receipt (unless a sist has been granted), the case of existing lines, and within 10 days, in the case of wayleaves sought for new electric lines.
  • Once referred to the DPEA, applications will generally proceed to determination unless the necessary wayleave application is withdrawn. The DPEA will award a sist in exceptional circumstances only.
  • Where the DPEA determines that an inquiry is the appropriate means of disposal, then an inquiry will usually be held within 12 – 24 weeks of the date of appointment of the Reporter. The Reporter appointed to the case will usually provide a written report of his or her findings, conclusions and recommendations to the Ministers within 16 weeks of conclusion of the inquiry.
  • Where the DPEA determines that a hearing is the appropriate means of disposal, a hearing will usually be held within 12 weeks of the date of appointment of the Reporter. The Reporter appointed to the case will usually provide a written report of his recommendations to the Ministers within 12 weeks of conclusion of the hearing.
  • Where the DPEA determines that written submission is the appropriate means of disposal, then the Reporter appointed to the case will usually provide a written report of his or her findings, conclusions and recommendations to the Ministers within 16 weeks of the date of his appointment.
  • The Scottish Ministers will aim to issue a decision on the necessary wayleave application within 12 weeks of receipt of the Reporter's recommendation.

80. These timescales are indicative only. Some applications will take longer depending upon the complexity of the issues raised.

Contact

Email: econsents_admin@gov.scot

Back to top