DNO curve ball - Section 37?

[New to this]

Hi, not sure which forum was the right one so opted for this one.  Our new build is in the garden of our existing bungalow, the last property on a low voltage line. 
Despite over 2 years back and forth with the DNO for quotes for the connection, I've discovered today that they can't do my connection without it going to Parliament (??) to the Secretary of State, under the 1989 Section 37 legislation. The existing bungalow, being the last of the line, and despite having a main electricity line to the pole outside, is not allowed to be followed on by any further build, without said sign off.  Which apparently typically takes about a year.  

 

I am adding this in as an edit - I don't think it's the Sec of State, reading this from the DNO's own website:-

A Section 37 application is a two-part process involving an initial application to the local planning authority followed by an application to the appropriate Ministry:-

Scotland - Scottish Government Energy Consent Unit

England / Wales - The Department for Business, Energy and Industrial Strategy

There are certain circumstances where a supply may be provided to a single customer at less than 33kV without the need to obtain a section 37 Consent. In these situations, it is still necessary to consult with the local planning authority before constructing the line. Where an existing line serving one customer is subsequently required to serve further customers, a retrospective Section 37 Consent will be required.

Section 37 consent can also apply in cases where underground cables are being installed from an existing overhead line, where retrospective Section 37 may be required. Where it is necessary to modify an overhead line, Section 37 may be required or in certain circumstances, works may be carried out under the provisions of the requisite Overhead lines (Exemption) Regulations.

To say I'm reeling is an understatement. I'm desperate to research whatever I can find now about others who've maybe found themselves in this position, did you manage to deal with it, how, costs etc and what on earth can I be trying next!?  

Apparently "the quote team should have spotted this" ... but I can see no advantage in my pressing the red button with the DNO, it won't alter the position I'm in now, nor the timescales to overcome it.  

Edited Wednesday at 21:00 by New to this
to include info from DNO website

[JohnMo]

Sounds like loads of PV, battery and generator is required - if you an get mains gas run the generator from that, exhaust heat exchanger, to do the heating while generator is on. And some batteries.

[NSS]

Probably an obvious question that you'll already have looked at, but can power be brought to the plot from a different source/direction?

[New to this]

10 hours ago, JohnMo said:

Sounds like loads of PV, battery and generator is required - if you an get mains gas run the generator from that, exhaust heat exchanger, to do the heating while generator is on. And some batteries.

Self sufficiency? Sadly roof shape isn't ideal for that option and we're heavily shaded on the East-South. We had hoped for a modest array on three sides of the hipped roof, but nowhere near what we would need. No mains gas (rural). 

[New to this]

10 hours ago, NSS said:

Probably an obvious question that you'll already have looked at, but can power be brought to the plot from a different source/direction?

I love obvious questions - they are the ones I usually overlook!!!  No the 'other' direction is hugely expensive due to distance, complex due to actively agricultural fields between us (which increased cost due to depth of excavation 1000mm instead of typically lower amounts. 

[MikeSharp01]

Let's hope someone here has some ideas for you as otherwise pragmatism rules and you will need to get that planning application in and start the process. You may just be able to amend your existing planning enough to encompass the requirements. As long as you can be confident you would get it out of the other end there is no reason not to carry on with the build and use a generator to supply power when needed to the site or perhaps your neighbour would allow a hefty extension lead to be run.

[torre]

Is your existing supply single or three phase? If the latter then I think suppliers will allow separate meters on each phase (I think it's come up on this forum before)

[New to this]

1 hour ago, torre said:

Is your existing supply single or three phase? If the latter then I think suppliers will allow separate meters on each phase (I think it's come up on this forum before)

Thank you, such a good idea but sadly we're on a low voltage single phase line down a country lane! 

[New to this]

@MikeSharp01 when you talk about Planning in this context, what were you thinking please?  I'm not getting any sense from the DNO that I need Local Authority involvement (unless Highways end up being involved) - I think it's a case of waiting for the relevant government department to (hopefully) rubber stamp the application. I could, of course be very wrong! 
For context, I have full planning permission for my development and groundworks start next week. For the last couple of years, the DNO have consistently told me to "wait until I am just weeks away from having the building up, into which the supply will run and smart meter be installed" which is how I'm only finding out now, from the site inspection side of SSEN that there's this issue with the 'last property on the line".

[Roger440]

I know you dont want to, but id be talking to these guys for an "all in the box" solution.

 

I found them very helpful when i was looking at an off grid property. At the very least it will give you an idea of whats possible and the costs.

 

https://www.energy-solutions.co.uk/applications/off-grid/easygrid

[NSS]

Probably another dumb question, but would it be possible to tap into the supply before it reaches the existing property, connect the new build and then continue on to the existing, hence meaning it's still the last in the line? 

 

Okay, I'll get my coat.

[New to this]

7 hours ago, Roger440 said:

I know you dont want to, but id be talking to these guys for an "all in the box" solution.

 

I found them very helpful when i was looking at an off grid property. At the very least it will give you an idea of whats possible and the costs.

 

https://www.energy-solutions.co.uk/applications/off-grid/easygrid

Thanks Roger, I will look into that - no harm in researching it

[New to this]

6 hours ago, NSS said:

Probably another dumb question, but would it be possible to tap into the supply before it reaches the existing property, connect the new build and then continue on to the existing, hence meaning it's still the last in the line? 

 

Okay, I'll get my coat.

@NSS not stupid at all - that's exactly what we discussed when the site inspector came today. All depends on the neighbour now to grant permission to use their pole and dig their garden - great shout though

[ProDave]

Can someone explain what this Section 37 is?

 

I can't see why the DNO won't just upgrade their network and quote for the work needed.  It almost sounds to me like there is a party being uncooperative and not allowing them access to something and they are having to force it through some legal process?

[MPx]

Yes, this all sounds postively weird!  I've recently had the National Grid out to our plot.  We will be an infill between what are currently the last two properties on the line of the (overhead cable) run.  The NG inspector suggested taking the supply from the last pole in my neighbours garden, but given the trolling we had through the planning stages I'm sure they wouldn't give us a cold let alone a wayleave. So the answer for us was to pay for a new pole (mid way between the last two on the run) and make our connection there.  The pole has been "planted" and the connection is due next Tuesday.  Didn't seem to be a problem for NG - from enquirey to installation much quicker than a water supply.  Sounds like properly bad luck for you...I wish you well.

Edited 14 hours ago by MPx

[NSS]

16 minutes ago, New to this said:

@NSS not stupid at all - that's exactly what we discussed when the site inspector came today. All depends on the neighbour now to grant permission to use their pole and dig their garden - great shout though

🤞🏻

[New to this]

11 hours ago, MPx said:

Yes, this all sounds postively weird!  I've recently had the National Grid out to our plot.  We will be an infill between what are currently the last two properties on the line of the (overhead cable) run.  The NG inspector suggested taking the supply from the last pole in my neighbours garden, but given the trolling we had through the planning stages I'm sure they wouldn't give us a cold let alone a wayleave. So the answer for us was to pay for a new pole (mid way between the last two on the run) and make our connection there.  The pole has been "planted" and the connection is due next Tuesday.  Didn't seem to be a problem for NG - from enquirey to installation much quicker than a water supply.  Sounds like properly bad luck for you...I wish you well.

@MPx well done - great result in a tricky situation. My inspector suggested that his DNO were misinterpreting the 1989 legislation and that I shouldn't have this issue at all - who is the DNO for your part of the world, out of interest? Sounds like they have a more pragmatic approach, albeit you've gone around the situation a different way.  Mine won't allow me to put a new pole off the last (current) pole. SO frustrating! 

[New to this]

@ProDave I have tried reading it ... it's not written in plain English! https://www.legislation.gov.uk/ukpga/1989/29/section/37 if you're interested.

 

Google interprets it as:

Section 37 of the Electricity Act 1989 requires formal consent from the Secretary of State (or Scottish Ministers) to install or keep installed overhead electric lines above ground. This statutory requirement covers new, amended, or continued operation of lines, primarily those with a voltage exceeding 20 kilovolts (kV). 

Key aspects of Section 37 include: 

• Purpose: Ensures overhead power line projects are properly reviewed for environmental and local impacts.
• Application Process: Involves consultation with local planning authorities and statutory bodies (e.g., Natural England, Environment Agency).
• Exemptions: Consent is generally not required for lines with a voltage of 
  20kV or less used for supplying a single consumer, or lines on premises already under the control of the operator.
• Planning Alignment: Often works alongside "deemed planning permission" under Section 90 of the Town and Country Planning Act 1990.
• Non-compliance: Unauthorized installation or maintenance can lead to legal penalties. 

It is crucial for network operators to obtain this consent before starting overhead line projects unless specific exemptions apply. 

 

 

My supply line is 23kVa so outside the exemption range.  I do feel my DNO (SSEN by the way) have - perhaps - taken the worst possible view and I was not heartened to hear that other DNOs do not all appear to take this interpretation.  Apparently though, the DNO will not be budged, their legal team will not allow any other approach. 

[MikeSharp01]

12 minutes ago, New to this said:

My supply line is 23kVa so outside the exemption range.

Can you not drop your kVa requirement to a smidge below the limit?

[New to this]

I believe, from what I discussed with them yesterday, that it's the line itself that determines the situation - and the line to the last pole is a full up 23kVa, the inspector's words were "it's ludricous - that's enough to power about 20 houses, and you only want one".  I didn't ask them to consider downgrading the last leg from 23 to 20 or below; my instinct is that would be, as a minimum, a new transformer required, and potentially more complexity / cost / delay?
My current workaround is to throw myself on the mercy of my nearest neighbour, ask if I can trench from their pole to the utility verge (I'm sure that's not what they're really called!) and come down the roadside then directly into my plot.  
It was galling to hear that this legislation is likely to be removed "sometime soon", but not within the timescales of my project - Murphy's Law is how it felt!