A summary of important Conditions attaching to Secretary of State's 1998 consent. There are a number of points REVOLT will be following up.
Sec of State gave consent as advised by DTI in J H T Green's letter of 26.3.98. The Conditions attaching to consent were set out in the decision letters to NGC. There were 5 such letters:
letter A, 26.3.98: Lackenby-Picton less gaps at Nunthorpe and Newby-Coldpool-Middleton;
letter B, 26.3.98: Newby-Coldpool (towers 32-36);
letter C, 15.5.98: Coldpool-Middleton (towers 36-46);
letter D, 26.3.98: Picton-Shipton less gap at East Moor;
letter E, 26.3.98: East Moor diversion (towers 98-120).
Letter C, apart from being late, had the celebrated error of the "Middleton Gap" after tower 46.
Letters A and D specified a latitude of 200 metres on either side; the others 100 metres either side.
There are two sets of Conditions, pursuant to the Electricity Act 1989 section 37 and pursuant to the Town and Country Planning Act 1990 section 90(2). Let's call them EA and TCPA respectively.
Under EA there are three Conditions (paraphrased briefly here):
1. No work associated with the development shall take place until Sec of State gives his written permission (letter D only). Permission was given 25.7.00.
2. Subject to Conservation Regulations 1994, Sec of State may review and revoke the consent after five years from the date of the letter (letters ABCDE).
3. Sec of State may set the period for removal if revoking consent (letters ABCDE).
Under TCPA there are 14 Conditions but consent letters come with different selections of them. Serial numbers below are as for letter D, though they vary in the other letters. The letters to which each condition applies are given in brackets. NYCC and HDC are two of the councils.
1. Definition of terms like County Council. (ABCDE)
2. Development shall begin not later than 5 years from the consent letter. (ABCDE)
3. Council agreement required if line within 100 metres of the structure of a dwelling. (ABCDE)
4. No start before 14 days notice given to Council Archaeological Officer. (ABDE)
5. No low-height (except for MoD) or folded-plate towers, and towers finished in grey, unless Council agrees otherwise. (ABCDE)
6. No work associated with the development until NYCC approves supports for towers 80-83. (D)
This condition refers to supports (and towers) "north-west of the A19/A168 Thirsk bypass". NGC has deviated from this Condition since the towers are east of the bypass!
7. No start on towers 82-83 before NYCC agrees measures relating to waste. (D)
8. No start before HDC agrees arrangements within NCIs. (D) (agreed by SoS 25.7.00.)
9. Construction to conform to scheme in 8, subject to variations agreed by HDC. (D)
10. No development before tree replacement scheme agreed by HDC. (D) (agreed by SoS 25.7.00.)
11. Work in connection with the development shall be undertaken in dry weather conditions and when the soil is in a dry state. (ABCDE)
12. Within 12 months of ceasing use of line, NGC to remove it to Council's satisfaction. (ABCDE)
13. In default of Council approval, Sec of State shall determine. (ABCDE)
14. No dismantling the 275kV Teesside line until Councils approve programme, work to be carried out not later than 12 months after commissioning the lines. (ABC)