Automated and Electric Vehicles Bill — House of Lords, 2018-06-05
Topic: Housing
Elizabeth Sugg (Conservative, Centre-right): My Lords, I thank the noble Baronesses, Lady Randerson and Lady Worthington, for raising amendments for consideration around housing issues and future-proofing new homes and developments. I entirely agree that if we are to move to zero-emission vehicles, as we all wish to do, we need to make sure that we have the correct infrastructure in housing and non-residential developments On Amendment 18 and the removal of public charge points, I hope that I will be able to provide reassurance on this matter. Where charge points are installed on local highways or land owned by local authorities, obviously local authorities already have the ability to ensure the installation of charge points, or prohibit their removal in line with any contracts they have in place. Where charge points are installed with public-funded grants to local authorities, as all public-funded charge points currently are, local authorities will have contractual arrangements in place regarding the charge points On the issue of planning permission, where a charge point is installed as a condition of a grant of planning permission, which could be determined in accordance with a particular policy in a statutory plan, whether it can be removed will depend on the specific conditions of the grant of planning permission as set out by the local authority itself. The developer would therefore have to apply to the local planning authority to have that condition lifted if it wanted to remove the charge point. The planning authority has the opportunity to consider the merits of agreeing to lift the condition, but we expect that it would not, and it would be difficult for these charge points to be removed On Amendment 19 and the issue of charging infrastructure rights and wayleave agreements, I said in Committee that I would discuss this further with other relevant departments, which I have done. Wayleave agreements are sometimes required for rapid charge point installations if cables need to be laid across third-party land for a new connection to the grid or to upgrade the grid. Currently, the wayleave agreement is voluntary for the third party who own the land and they do not have an obligation to accept the wayleave As I mentioned in Committee, in cases where an agreement for a wayleave cannot be reached between the installer of electricity equipment and the landowner, we have powers under the Electricity Act 1989 which give the installer statutory powers upon which it can call if no alternative solution can be found, such as another route for the cable. This means that a statutory application can be lodged with the Secretary of State for Business, Energy and Industrial Strategy to award the installer a necessary wayleave as long as they can prove why it is necessary and expedient. This process also allows the landowner to show how the granting of a wayleave will impact on their use and enjoyment of the land. This is a different situation from that of telecom lines, which, as the noble Baroness said, following the Digital Economy Act 2017 are now considered to be critical national infrastructure. There was widespread evidence of problems there which did not have the same resolution mechanism Therefore, although I appreciate the noble Baroness’s intentions, as she acknowledges, there is little evidence at the moment that the existing statutory powers are insufficient. Since Committee, we have discussed this issue with the trade body for the distribution network operators, the Energy Networks Association, which is of the view that the existing legislation is well established and effective, especially given the resolution mechanism We continue to have concerns that the amendment does not allow for the private rights of the owner of any third-party land to be taken into account or for any potential environmental effects to be considered. Because private land access rights are involved, we want to seek more evidence and consult a wide range of stakeholders before taking that any further.