On July 8, the UK government opened its Electricity Network Infrastructure consultation which proposes major reforms to speed up grid expansion for Net Zero by 2030, while balancing the rights of landowners, communities and the environment. In an attempt to address longstanding delays in the current system, the consultation sets out various measures aimed at simplifying how new power lines and substations are approved and how network operators access land.

Faster wayleave agreements

When privately negotiated agreements with landowners fail, network operators can apply for a "necessary wayleave" (a compulsory right to keep or install electric lines on private land). To reduce procedural delays, the government plans to streamline this process. Key changes include: 

• Requiring landowners to provide a valid reason for asking an operator to remove equipment and giving operators 6 months (instead of 3) to respond before lines must be taken down – this is intended to facilitate more informed negotiations between the network operator and the landowner/occupier and encourage a voluntary agreement to be entered into without the need for a necessary wayleave; 
• Wayleave disputes being handled primarily through written statements by default, with optional oral hearings (including virtual hearings) only if a party requests one (whereas currently both parties must consent to the written representation procedure); 
• Removing the requirement to appoint an external inspector, meaning that officials acting on behalf of ministers could determine applications based solely on parties' statements of evidence and any further representations submitted by parties – by negating the requirement for an inspector report, this could potentially cut delays by an average of seven months;
• Increasing the standard term of a granted necessary wayleave in England and Wales from 15 years to 40 years, aligning with Scotland and reflecting the decades-long life of grid assets – this longer term will give network operators more certainty and avoid frequent renewals, though landowners would wait longer to renegotiate terms. 

Streamlined planning consents

Building new electrical infrastructure often requires multiple consents. The consultation targets "low-impact" upgrades and smaller projects for faster approval, so regulatory scrutiny focuses on truly major developments. New proposals include:

• Raising the size limit for distribution substations allowed under permitted development from 29m³ to 45m³ – this would allow many modern substations (especially for electric vehicle hubs) to be built without a full planning application, saving months and approximately £20,000 per project. Additional conditions (like a 3m height cap and minimum 5 m distance from homes) would apply for substations above 29m³, and in sensitive areas (national parks, heritage sites) local authorities would still need to give prior approval on design; 
• New exemptions from the requirement to obtain Secretary of State (SoS) consent (under Section 37 of the Electricity Act) to expedite overhead line upgrades – for example, upgrading a line from single-phase to three-phase (on the same poles) would no longer need SoS consent. Likewise, modest pole height increases (up to 20% taller) and existing voltage upgrading from 6.6 kV to 11 kV on existing lines would be pre-approved, as would increasing the threshold for installation and maintenance of overhead lines for multiple consumers from 20kV to 33kV; and
• Simplified rules for minor line re-routes (allowing slightly longer diversions around obstacles without a fresh consent) and replacing old wires with insulated cables in scenic areas.

Nationally Significant Infrastructure Projects (NSIPs)  

The government proposes a change to the thresholds for NSIPs. Currently, any overhead line longer than 2km at 132 kV triggers the lengthy NSIP planning regime (i.e., a Development Consent Order under the Planning Act 2008). The consultation proposes raising that threshold to 10 km and excluding 132 kV lines on wooden poles from the NSIP category altogether. This means more mid-sized network projects could be approved via normal local planning or Section 37 processes and, consequently, changes to the NSIP thresholds will focus more major planning effort on larger projects.

Enhanced land access powers

As it currently stands, Distribution Network Operators (DNOs) have statutory rights to enter land to work on existing equipment, but it is not clear if they can cross third-party land to reach it. Transmission Owners (TOs) at the high-voltage level have no statutory access rights at all. The consultation aims to tackle these gaps by: 

• Clarifying that a utility's legal access rights extend to "adjacent land as necessary" meaning an operator can lawfully go over a neighbour's property in order to reach its infrastructure if needed, with the obligation to repair any damage or pay compensation just as on the host land; 
• Extending statutory access powers to TOs (subject to a longer notice period of 30 working days, compared to 5 working days for DNOs), so they are not entirely reliant on voluntary agreements if a landowner blocks access; and
• Giving a general right to DNOs to install underground cables in private streets without needing every frontager’s permission (akin to the situation with gas utilities). 

These changes would ensure that critical maintenance or upgrades cannot be derailed by a single holdout landowner, though voluntary negotiation would remain the first resort. 

Implications and next steps

The reforms will benefit network operators and clean energy developers by removing red tape and uncertainty. This will hopefully lead to a faster, more predictable consents regime accelerating connections between renewables and EV infrastructure, thereby helping to meet climate targets. Landowners and rural groups, however, note a shift toward greater compulsory powers over private land, which will be extended to access over land where no equipment may actually exist. 

The government continues to encourage voluntary negotiations in order to build and maintain strong relationships between parties. In addition, protections for landowners, communities and the environment will remain in place, including fair compensation and additional requirements in respect of special interest land. For example, environmental impact assessments and habitat rules would still apply where applicable, even if planning permission is not needed. 

The consultation runs until September 2, 2025, and you can respond here.