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.

Appendix 2 –Supporting Information For Necessary Wayleave Applications

Applications to the Scottish Ministers for the grant of a necessary wayleave should be made on the Scottish Government's application form and should be accompanied by the following supporting information:

1. Confirmation that the applicant is a licence holder with powers under Schedule 4 of the 1989 Act and that there is no restriction in the electricity licence which would restrict the use of necessary wayleave powers.

2. The name and address of the landowner of the land to which the application relates.

3. The name and address of the occupier of the land to which the application relates.

4. The postal address of the land to which the application relates, including post code, if applicable.

5. Details of the electric line and apparatus to which the application relates.

6. An ordnance survey based site plan of approximate scale 1:500 showing the land to which the application relates. This should include

a. the proposed route of the electric line (showing a distinction between lines placed or to be placed under or over ground);
b. any limits of deviation sought;
c. any rights of access sought;
d. any exclusion or safety zones which the licence holder seeks to impose;
e. the boundary of the affected landowner and occupiers' interests.

This plan will be appended to the necessary wayleave if granted (subject to modifications agreed during the application process) and should contain sufficient detail for the extent of rights to be clearly identified.

7. An ordnance survey based location plan of approximate scale 1:2500 showing the location of the application site. Where the necessary wayleave relates to only part of an electric line, the location plan should include an insert showing the location and extent of the application site relative to the overall line route.

8. In the case of applications for new electric lines only, a copy of the minimum 21 day notice to landowners/ occupiers requesting a wayleave; OR

9. In the case of applications for existing electric lines only, a copy of the notice to remove served by the landowner or occupier under paragraph 8 of Schedule 4 to the 1989 Act.

10. A supporting statement outlining why the necessary wayleave is either necessary or expedient. This should include a summary of pre-application discussion with the landowner/ occupier(s) and how any issues or concerns raised by affected parties have been taken into account in the final proposals. It should also include a description of why the extent of land for the line, limits of deviation and access are considered to represent what is reasonably necessary for delivery of the scheme to which the application relates.

11. A separate application is required for each landowner/ occupier interest. Where multiple necessary wayleaves are required in relation to a single project or line, the application should clearly identify all related or linked necessary wayleave applications.

12. Details of any related applications (for example applications for consent under section 37 of the 1989 Act or for planning permission), including a description of the consent or permission sought, the application reference, dates of submission and contact details for the case officer at the relevant consenting authority.

13. A statement confirming the terms of the necessary wayleave being sought. Reasons should be provided for any departure sought from the Scottish Ministers' standard necessary wayleave terms and conditions.

The above list is not exhaustive. All necessary wayleave applications are different and it is for the applicant to judge whether there is any additional information that might be relevant to the Scottish Ministers' determination of the application.


Email: econsents_admin@gov.scot

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