10 / 20kV Grid Connections – What is a
Planning Exemption
Step by Step Guide to Obtaining a Planning
Exemption for a 10 / 20kV Grid Connection
PRESENTATION TO by
James Conlon, Jennings O’Donovan & Partners Ltd.
ISO
9001
OHSAS
18001
ISO
14001
WINNER
GREEN BUSINESS AWARD
Connaught Region 13 TH September 2011 1

Company Profile
Jennings O’Donovan &
Partners
Proven Track Record in the
Renewable Energy Sector
Engineering 1,950MW of Power
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Part 1 - What is a Planning Exemption
Part 2
–Why is declaration on exempted development required
Part 3 - How to determine if a development is exempt
Part 4 - Key Principles of Route Selection
Part 5 – Case Studies Incorporating Detailed / Best Practice
Design Measures
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Part 1 - What is a Planning Exemption /
Exempted Development
A proposal which doesn’t require a planning application
Contained with Article 6: Schedule 2: Part 1: Exempted
Development.
57 Classes of Development which are exempt.
General: Class 26 , provides that ‘ the carrying out by any electricity undertaking of development consisting of the laying of underground of mains, pipes, cables or other apparatus for the purposes of the undertaking ’
General: Class 27 , provides that ‘ the carrying out by any electricity undertaking of development consisting of the construction of over-head transmission or distribution lines for conducting electricity at a voltage not exceeding a nominal value of 20kV’
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Developments shall not be exempted development, if the carrying out of such a development would contravene any of the conditions listed in Article 9 of the Planning and Development Regulations.
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16 conditions spread across four parts.
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Which ones are relevant to overhead and underground line developments?
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Part (a)
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Contravene a condition of planning
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Endanger Public Safety
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Interfere with the character of the landscape / development plan objective
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Impact on archaeology / geology / geological feature as protected within the development plan
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Impact on any archaeological monument
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Comprise development in relation to which ABP / Local Authority consider would require a Stage 2 appropriate assessment because it would have a likely significant effect on the integrity of a European
Site.
Part (b)
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If the development is located in an area to which a special amenity order relates (Class 27 – overhead lines only)
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Is the proposed development of a 20kV overhead line exempt at this location?
Is the proposed development of an underground cable exempted in this location?
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Sufficient info must be provided to allow the Local Authority to make an assessment (Site Layout Map and other details) along with an 80 euro application fee
Not recorded on the public file
Declaration / Decision issues to the applicant and the owner
4 weeks decision date from Local Authority
Further Information can be requested from the Local Authority
Additional parties can be requested for comment
Negative decision can be referred to An Bord Pleanala by the applicant. Current ABP decision timeframes are c.18 weeks
Positive decisions can also be referred to ABP by objectors
Worst case timeframe = 4 weeks + 3 weeks + 18 weeks = 25 weeks (6 months).
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Local authority issues a declaration stating that either:
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The proposal is exempted under Section 5 of the
P&D Act
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The proposal is not considered to be exempt development therefore a planning application is required
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Connection Offers have been issued
Developer is entitled to construct all or part of this connection to the Distribution System (SI 226 2009)
Contestable Elements of this connection offer are as follows
(subject to oversight by ESB):
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• Detailed design
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• Route and site selection
• Site acquisition
• Planning permission
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• Deed of Grant/Wayleaves
• Equipment purchasing
• Construction
• Pre-commissioning
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Section 17 of an CER authorisation to construct / license to generate application – Statutory consents to be listed, where appropriate (including planning permission).
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Connection Agreement with ESB
Bank Finance / Due Diligence
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REFIT 2 Section 7.4 - A “letter of offer” will not be made in any case unless (i) In the case of proposed projects planning permission has been obtained for the construction and this is demonstrated to the Minister in the application or it is demonstrated that planning permission is not required in any individual case…
Under the ESB Contestability Rules, “Where a connection is being built contestably, the developer building the assets is responsible for obtaining
Planning Permission and/or obtaining any other agreements required for the construction”. Some confirmation is required by ESB prior to commissioning and taking ownership of the assets”
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Increasing frequency of judicial review proceedings.
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Minimum Required Information
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Standard Application Form
Site Location drawing of the development / General Arrangements
Application Fee (80 euro)
Recommended Information (as required by Local Authority)
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Screening Statement for Appropriate Assessment
Archaeological Assessment
Best Practice Information
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Method Statement for the works
Consultation responses from NPWS / IFI, if required
Photomontages (if relevant)
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Standard Inputs:
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Applicant name, address, company details (if necessary)
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Site location Map
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Description of the development
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Interest in the land or structure. Demonstration of this varies between local authorities.
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Consent letters from landowners
Declaration from a solicitor that consents are in place
Only Landowner names so that notification of the Section 5 can be sent to him / her
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Suitable scales
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Site Location Map 1:50,000 or 1:20,000
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Site Layout Map 1:10.560 (6 inch scale) or 1:2,500 for smaller schemes
Identify connection route
Show Extent of associated lands
Pole set locations (recommended)
Joint bay locations for underground cable
Watercourse Crossings
Archaeological Features
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Prepared by a suitably qualified archaeologist
An examination of the archaeological and historical context of the area in general and specifically the route of the proposed electricity line.
The archaeological assessment is divided into two separate phases.
Phase I involved a paper survey of archaeological, historical and cartographic sources. Phase II involved a walk-over survey and field inspection of the area of the proposed route.
An impact assessment and mitigation strategy has been prepared to highlight potential adverse impacts that the proposed route may have on the archaeological, architectural or cultural heritage resource. The mitigation strategy is designed to avoid, reduce or offset any adverse impacts.

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Prepared by a qualified ecologist / environmental scientist in accordance with the requirements of Habitats Directive
1.
The assessment is divided into two separate phases:
A desk study was to collate the available information on the ecological environment. The National Parks and Wildlife Service
(NPWS) and National Biodiversity Centre online databases should be consulted concerning designated conservation areas in the vicinity of the proposed development. Any plans and projects should be considered for in-combination effects with the proposed development.
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A walkover survey of the electricity line route should be carried out to survey habitats and inform the preparation of the ecological and appropriate assessment reports.
Specialist surveys may be required depending on nearby environmental designations.
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Preparatory Works
Site Investigations
Access to start point and setting out / launch and reception pits
Silt Attenuation Features:
Stream Crossings
Launch, Reception Pit and Joint Bay Excavation
Trenching Works
Storage of materials
Trench Operations
Managing excess material from trench
Directional Drilling works
Storage of materials
Drill Operations
Managing arisings from drill operations

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NPWS via Development Applications Unit. This response can have a strong bearing on Local
Authority decision.
Area Engineer / Roads Engineer particularly for
Underground Lines along public road
Inland Fisheries Ireland / OPW re: watercourse crossings
ESB / Local landowners

If the Local Authority consider that:
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A Stage 2 Appropriate Assessment is required due to potential impacts on nearby environmental designations.
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Proposal results in Negative Visual Impacts
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Applicant is not an electricity undertaking as per the
Electricity Supply Act

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Article 9(1)(viiB) stated that if a Stage 2 appropriate assessment is required then the proposal is not exempt
A screening for appropriate assessment should be prepared and submitted with the Section 5
Application. According to the legislation no specific mitigation measures can be included in a screening statement
However, detailed design measures / best practice measures can be included e.g. bird diverters, silt fencing, bunded areas for refuelling
Survey info should be incorporated into the screening statement where necessary.
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Local Authority / An Bord Pleanala will undertake an assessment.
If their assessment concludes that there are likely significant effects on the designated site then a
Stage 2 Appropriate Assessment is required. The proposal requires planning permission.
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Under Article 9 proposed development that interfere with the character of the landscape or a development plan objective are no exempt
Check County Development Plan for any scenic routes and areas
Consult with Planner
Consider an additional underground cable route section – mitigates visual impact
Prepare photomontages from the scenic views and areas (if necessary)
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Under the Electricity Regulation Act, 1999, which amongst other things established and gave powers to the Commission for Energy
Regulation and made amendments to certain provisions of the electricity (supply) act, 1927, “electricity undertaking” is defined as “any person engaged in generation, transmission, distribution or supply of electricity, including any holder of a licence or authorisation under this Act,.....”
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Possession of an Authorisation to Generate and License to
Construct (Sections 14(1)(a) and 16(3)(a)) of the Electricity
Regulation Act qualifies applicant as an electricity undertaking.
These documents should be submitted with the Section 5 application where possible.
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Separate confirmation can also be obtained from the CER if required.
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Landowners are key stakeholders.
Underground vs. Overhead.
Environmental designations should be avoided where possible.
Archaeological features.
Visual Impacts
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ESB - Functional Specification for 20kV
Overhead Lines
ESB - Specification for the Installation of Ducts
& Structures for Underground 10-20kV Power
Cables & Communication Cables
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Case Study 1 – 20kV Underground Cable within an SPA and crossing over an SAC
Case Study 2 –20kV Electrical Connection (Underground and
Overhead) along Public Road
Case Study 3 – Hollyford Wind Farm - 20kV Electrical
Connection (Underground and Overhead)
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0.875km of 20kV underground ducted electrical cable
30.5 metres of which are to be directionally drilled across a watercourse crossing
Hen Harrier is qualifying interest of the SAC
Various aquatic species are qualifying interests of the
SAC
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Underground Cabling to avoid collision risks
Utilise existing agricultural trackway to lay cable
Directional drill across stream to avoid instream works or impacts to existing watercourse crossings
Joint bay / Drill Pits to be setback from stream edge on flat ground
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Hen Harrier Survey according to Best Practice
Guidance
Archaeological Assessment
Method Statement for the Works
Screening for Appropriate Assessment
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National Parks and Wildlife (informal feedback that directional drilling works may require planning permissions)
Inland Fisheries Ireland (no objection on review of the method statement / drawings)
OPW (no objection)
Area Engineer (no objection)
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The following design measures will be implemented during the electrical connection works:
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A working wayleave of 4 metres
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Directional drilling works will only be carried out during the period May to September inclusive.
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No in stream works will be permitted.
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Works shall not take place at periods of high rainfall.
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A floating hydrocarbon boom and spill kit will be employed.
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Plant will travel at 5km/hr.
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If truck rutting is observed then bog mats or rolling road will be employed.
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Expended drilling fluid will be stored in a mobile bunded tank for transport off site.
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Silt fencing
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Any excess construction material shall be removed from the works areas and disposed of in a fully licensed landfill.
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No re-fuelling of machinery will take place within 50metres of any watercourse.
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Tool box talks addressing the environmental topics
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0.97km of 20kV overhead line mounted on single wooden pole sets (12 No.)
5.17km of 20kV underground cable. The power cable runs in underground duct within the existing public road verge for the entirety of it’s length.
The power cable crosses over three existing bridge locations.
The bridges span tributaries of a large SAC which is designated for various aquatic species (0.4km)
Freshwater pearl mussel is also a qualifying interest of the SAC
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Underground Cabling along public road to reduce visual impact and minimise third party land impacts.
Overhead line for the last section into the substation across a single third party landownership.
Utilise existing bridge crossings to minimise hydrological impacts.
Joint bay setback from stream edge on wider areas of public road.
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Ecological Site Walkover
Breeding Bird Surveys
Archaeological Assessment
Method Statement for the Works
Screening for Appropriate Assessment
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National Parks and Wildlife (include method statement and noted potential collision risk of birds and potential hydrological risk SAC)
Area Engineer (review and approval of bridge crossing details and joint bays)
ESB (review and approval of bridge crossing details and joint bays)
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4.77km of 20kV overhead line mounted on single wooden pole sets (12 No.)
1.21km (total) of 20kV underground cable ducted underground by directional drilling under private lands and public road.
One watercourse crossing
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Overhead line for the majority of the route due to hilly terrain
Avoid Anglesea Special Area of Conservation
Avoid any instream works due to proximity to the
Lower River Suir
Underground line across a valley to minimise visual impacts along a designated scenic route
Joint bay setback from stream edge on wider areas of public road.
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Planning Department (noted presence of scenic route along Anglesea Road and requested photomontages)
National Parks and Wildlife
Area Engineer
ESB
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Section 5 applications are needed for grid connections and can potentially delay a wind farm development programme
Local Authorities will scrutinise Section 5 applications and are wary of objections and judicial review
Design Solutions need to be applied at an early stage
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James Conlon
Jennings O’Donovan & Partners Ltd.
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