Q&As

Is an electricity generator that is exempt from holding a licence under Section 6(1) of the Electricity Act 1989 by virtue of Section 4 of the EA 1989 a deemed statutory undertaker for the purposes of the TCPA 1990?

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Published on LexisPSL on 14/07/2016

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Is an electricity generator that is exempt from holding a licence under Section 6(1) of the Electricity Act 1989 by virtue of Section 4 of the EA 1989 a deemed statutory undertaker for the purposes of the TCPA 1990?

Is an electricity generator that is exempt from holding a licence under Section 6(1) of the Electricity Act 1989 by virtue of Section 4 of the EA 1989 a deemed statutory undertaker for the purposes of the TCPA 1990?

Section 262 of the Town and Country Planning Act 1990 (TCPA 1990) states that any holder of a licence under section 6 of the Electricity Act 1989 (EA 1989) shall be deemed to be a statutory undertaker. However, there are no provisions in TCPA 1990 which directly concern the status of electricity generators that do not hold a licence.

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