Q&As

Under what circumstances can a distribution network operator (DNO) exercise statutory rights for a new wayleave request? Does a DNO have powers to upgrade a connection where a wayleave is already in place?

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Produced in partnership with Matthew Collinson of Igloo Energy
Published on LexisPSL on 25/02/2019

The following Energy Q&A produced in partnership with Matthew Collinson of Igloo Energy provides comprehensive and up to date legal information covering:

  • Under what circumstances can a distribution network operator (DNO) exercise statutory rights for a new wayleave request? Does a DNO have powers to upgrade a connection where a wayleave is already in place?

A distribution network operator (DNO) can exercise its powers to obtain a necessary wayleave regardless of the number of connecting parties; however, there is no circumstance in which a DNO is obliged to exercise these powers and it is highly unlikely that they will do so. Necessary wayleaves are akin to compulsory purchase, with negative time, cost and reputational implications for very little benefit to the DNO (necessary wayleaves are normally granted for only 15 years, whereas the normal asset life is closer to 40 (see the current

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