HL Deb 23 March 1995 vol 562 cc1381-98

7.42 p.m.

Lord Crathorne rose to ask Her Majesty's Government under what conditions they would refuse permission for a 400 kilovolt line of pylons to be constructed between Lackenby and Shipton in addition to the existing 400 kilovolt line.

The noble Lord said: My Lords, I am most grateful for the opportunity to ask the Question on the Order Paper about the 400 kilovolt pylons which the National Grid wants to construct between Lackenby and Shipton. The matter has been raised on five occasions in another place but this is the first opportunity we have had in this House to discuss the issues involved. I realise that my noble friend sitting on the Front Bench will not be able to get into the detail regarding this specific application but I am sure he will be able to deal with a number of general issues which the application raises.

First, I must in the tradition of the House declare an interest. I live on an agricultural estate in the north-east and some of the pylons which are the subject of this planning application will run over land owned by a trust controlled by my family. However, I should like to emphasise that this is not a NIMBY question. We already have pylons in our backyard—14 of them in fact. The new proposals would add another five to our overall total.

No one chooses to have pylons running across his land; but in this case the degree of local opposition from individuals and organisations goes far beyond a general dissatisfaction with pylons. This opposition stems from the very basic fact that there is no proven need for this line which would run in parallel with the existing 400 kilovolt line.

The problem goes back to the moment that planning permission was granted for the construction of a gas fired electricity plant by Teesside Power Ltd. (TPL)—sometimes called Enron—at Wilton on Teesside. In September 1990 before the then Secretary of State gave planning consent for this power station, the Office of Electricity Regulation issued a derogation to the National Grid Company. This means that part of the planning standards could be disregarded for the connection. Shortly after this, the National Grid Company came to a commercial agreement with Scottish Power and Scottish Hydro-Electric to increase the transmission capacity from Scotland to England. NGC concluded that it would need further capacity and lodged an application with the North Yorkshire County Council for the line which is the subject of my Question tonight.

The existing line has a capacity of over 5,000 megawatts. In fact, no part of the National Grid has a greater capacity than this. TPL, since it started operating in April 1993, has put about 1,000 megawatts of its output down this existing line. The Scottish connection brings to the north-east only 240 megawatts. Very simple arithmetic shows that there is still a very substantial additional capacity on the existing line, so why is there a need for a second line?

The security backup requirements in case of a double circuit failure are seen by many people to be unnecessarily high. The average failure over the whole National Grid is one minute per year per customer. I remind your Lordships that there are over half a million minutes in every year. The existing Yorkshire line which has been in existence for 23 years has not failed once since its construction. Are we really going to have this line foisted on us for this contingency?

Since TPL started putting electricity into the existing line, there have been no problems relating to the line. The setting of the security standards is the responsibility of OFFER, the electricity industry watchdog run by Professor Littlechild. Last month he published the outcome of the review on NGC security standards. The review was conducted by NGC itself and it took two years to report back regarding its own transmission standards. Professor Littlechild made it clear in his statement that although he is not minded to change the planning standards in the short term, he is not satisfied with the existing standards as a whole.

Perhaps we may now turn to what I believe is the National Grid's real reason for wanting this second line. This is that two other gas fired generating stations are under consideration for the north-east; namely, Flotilla and Neptune. Indeed NGC has already entered into agreements for connection into the grid of these two stations should they be built. This is in spite of the fact that no formal planning application has yet been made. In the north-east we very much hope that these stations will never be given consent. In any event, the possibility of these two additional stations should not be taken into consideration in relation to the application we are discussing tonight. If that point is accepted by the Secretary of State, it is hard to see that there is sufficient justification for granting permission for this second line of pylons to be built.

The Government should not grant permission and should discourage remote generation of electricity. It is extraordinarily wasteful in two ways. First, the power loss that results when electricity is transported several hundred miles before it reaches the consumers is great. In the case of TPL, the power loss is about 6 per cent. and with the Scottish exports around 10 per cent.

Secondly, remote generation runs counter to the Government's own policy of the creation of combined heat and generation plants when both the electricity and the by-product of heat are sold. TPL was indeed meant to be a CHP station but the problem is that there is no market for Enron's heat in that location, and from my home I can see the great steam clouds rising daily from TPL just five miles down the road. About 50 per cent. of the energy from the gas used disappears with the steam into the atmosphere and it really is a terrible waste of a finite fossil fuel resource.

The 1989 Electricity Act makes remote generation the easiest option for a company considering building a power station. Building near the source of the fuel and then asking National Grid for a connection (which it is legally bound to give) almost regardless of where the electricity is needed, is, sadly, the easier option. But it is not the best option. It is much more efficient to pipe the gas to the point where the electricity is needed and then build your much smaller power station or stations in an area where both the electricity and the heat are marketable.

Although some undergrounding of gas pipes may be necessary, there is a national gas grid with substantial spare capacity. Combined heat and power plants can be very small and, for example, a few miles from where I live and from the TPL station, the Darlington Memorial Hospital opened a one megawatt power station last December. This provides the base load for both the electricity and the heat for the hospital. Such schemes should be encouraged. More are needed in areas of high consumption, particularly in the south.

I hope that from my remarks tonight your Lordships will understand why people in the north-east feel so strongly about this issue. Mr. John Greenway, the Member for Ryedale, in his adjournment debate in another place last week said that this was the most strongly felt public anger that he had ever known in his constituency.

When the public inquiry was held in 1992 more than 8,000 objections were lodged, and REVOLT, the group formed to fight the pylons, gave such effective evidence throughout the inquiry that the inspector, Mr. Graham, expressed his admiration for the work it had put in and the degree of expertise it had shown.

NGC's argument relied on the fact that it merely wished to fulfil a legal duty as the company saw it. Despite all the submissions about the environment, the possible ill-effects on health created by electromagnetic fields and the more environmentally friendly solution of undergrounding the cables, the DTI inspectors ended by siding with the National Grid company.

The Secretary of State's response was that he was "minded" to grant consent for the pylons once the wayleaves had been obtained by NGC. If landowners and occupiers of land are unwilling to grant wayleaves voluntarily the National Grid may seek the power to impose wayleaves. At the wayleave hearing, two thirds of those affected did not sign an agreement with the National Grid, which shows an extraordinarily high level of dissatisfaction with the National Grid proposals.

That is not the full extent of the dissatisfaction. The real figure is substantially higher as there were many who signed, myself included, who would much rather not have done so but whose hands were tied in one way or another, for example, by legal constraints.

The saga continues. A further public inquiry is now under way at Northallerton, examining alternative proposals for two sections of the proposed power line, where the issues are being raised again in evidence to the inspectors.

The electricity industry is in a state of flux, transition and uncertainty. It is clear that the privatised energy utilities are capable of delivering greater efficiency at lower prices. I mentioned earlier that Professor Littlechild is looking into security standards. He is also to look, with Ofgas, at the relative pricing of electricity and gas transmission lines. He will look at the whole question of the pricing of transmission and price control by NGC. The advances in superconductivity will enable undergrounding within a decade at lower cost and lower energy losses. There is still more to be done on the effects of electromagnetic fields on our health.

Finally, I feel strongly that the views of those affected should be taken into account by the Secretary of State. It may be a little time before he has to make a decision. I hope that he will look at the wider context and will come to the conclusion that the application should be rejected in the present circumstances and that the application should only be considered concurrently with that for any Future power station which would create the need for the line.

Before I sit down, I should like to thank those Peers who have put their names down to speak in the debate and also my noble friend on the Front Bench who will answer. We look forward very much to hearing what he has to say.

7.53 p.m.

The Marquess of Downshire

My Lords, I am glad that my noble friend Lord Crathorne has asked this particularly pertinent Question as it gives me the opportunity to underline what he said in a few words and to demonstrate the difficulties that individual electricity transmission schemes can face when there is no overall plan to guide those responsible for the National Grid.

It is all very well for the DTI to encourage the conversion of gas into electricity, which is in essence the embryo of the problem which has surfaced in this case, but the power so generated must surely travel over a minimum distance in order to obtain the maximum benefit. The proposed power line is nearly 50 miles in length. For most of that distance the transmission lines travel above ground through an area known as the Vale of York.

The landowners with whom the National Grid is treating are almost universally opposed to the pylons, despite the apparent generosity shown by the size of the compensation offered. There have been a great many objectors, including local authorities and other institutions.

To return to the subject of compensation, although I understand that negotiations between the National Grid and landowners have so far remained amicable, there could come a time, and it will surely come, when the pylon builders' purse runs out and compulsory purchase arrives. Surely there then arises a more potent conflict of interest—the invocation of public power in order to provide private profit.

I therefore earnestly entreat my right honourable friend the Secretary of State to look very hard at all the facts, not least the possibility of yet another line of pylons marching across unspoilt country. Although in this case agricultural land is not being removed, a substantial amount will be sterilised, thereby taking the land in question out of production. The farmers, landowners and others, from whatever walk of life, are not in the business of allowing unnecessary power lines to intrude. Surely those who come after will not thank them for that form of legacy.

7.57 p.m.

Lady Kinloss

My Lords, I am delighted that the noble Lord, Lord Crathorne, has given us the opportunity to debate this Question this evening, which he has explained so clearly.

I find myself speaking for the second time in less than three weeks, begging the Government to listen to the voice of the people in North Yorkshire, and hopefully not to turn a deaf ear this time.

A great part of North Yorkshire is built up of small farms. Two thirds of the farmers have already refused to reach any agreement with the NGC. They have been offered money, in some cases more than £40,000, which they have refused. Their feelings must be very strong indeed for this to happen.

In 1992, more than 8,000 objections were lodged when the public inquiry was held. Since then a petition of more than 12,000 signatures has been lodged with the right honourable Gentleman the President of the Board of Trade. Much of the proposed line goes through open countryside, in which it will be visible for many miles around, especially at the height which has been proposed of 80-foot pylons. Can the Minister confirm that, should these pylons be erected, they will be of that height? I am sure that, living in Cumbria, the noble Lord will appreciate the worries of local people about their countryside, of which they are justifiably proud. Once you destroy an environment it can never be completely restored. It was of much of this area that Tacitus spoke 2,000 years ago and said, "that they had made a desert and called it peace". Do the Government wish to repeat the occasion?

The objections to these huge power lines have as their bases the environment, agriculture and the apparently unresolved question of whether there is a danger to health, whether human or animal.

The noble Lord, Lord Crathorne, has already mentioned the possibility of building two gas-fired generating stations, so I hope that the House will forgive me if I repeat some of what he said. The NGC has already entered into agreement with two other gas-fired generating stations for the north-east coast, Flotilla and Neptune, which are under consideration for connection into the grid. Whether or not those generating stations are to be built with private money, there have not yet been any formal applications for planning consent for either Flotilla or Neptune. Surely this is putting the cart before the horse.

No need for these power lines has yet been proved. I understand that instead they could put gas lines underground to a point where they wish to put a gas-fired generating station in the south, where the electricity is needed. So why not do this?

The regulator, Professor Littlechild, is conducting further inquiries over the pricing structure, so surely it would be sensible to wait before erecting any further power lines. The present line is the most powerful in the National Grid in the country and is not running to full capacity. Why erect those power lines before they are really needed, when perhaps in 10 years' time, or even less, it may be decided that nuclear power or some other form of power is better and cheaper?

What kind of environment are we leaving to future generations? Why do the Government not listen to the voice of the people in North Yorkshire? May I hope that they will do so?

8.1 p.m.

Lord Middleton

My Lords, I listened with great interest to what my noble friend Lord Crathorne said about the proposed 400 kilovolt line of pylons in North Yorkshire. I have not so far taken part in the public debate about the project. It is a debate that has rumbled on for about four years. Many of the arguments are highly technical and I am not qualified to speak on such matters.

Nevertheless, to the layman, on hearing my noble friend tonight there seemed to be five good reasons that the Government should not be in a hurry to give consent to the construction of this power line. First, there is the doubt as to whether a new power line is needed in addition to the existing line over roughly the same route. Secondly, new technology seems to be on the horizon and, if there were even a remote chance of 150 foot high pylons becoming obsolete in the near future, there must be a doubt hanging over the building of 50 miles or so of the old type.

Thirdly, there appears to be a case for paying attention to growing evidence of damage to health from exposure to electro-magnetic fields generated by power lines. Fourthly, as we have heard, the environmental damage would be considerable. The proposed route will grossly disfigure some of the prettiest parts of north Yorkshire and will be in full view from the North York Moors National Park. Fifthly, as my noble friend Lord Crathorne said, there is great public opposition to the project and there is a feeling of being bulldozed into accepting an invasion into property and amenity that may well turn out to be wholly unnecessary.

If I am told that delay would not be acceptable and that there is a hurry to get started because there is an extremely expensive gas-fired power station at Middlesbrough without the means to distribute its current, then I would have to compare the situation with the building of the Brabazon aircraft, which was built at Bristol just after the war without airfields on which to land.

Years ago, I attended an inquiry about pylons. They were bitterly opposed by all witnesses except one. He was a retired admiral whose great pleasure it was to sit looking down a line of pylons because they reminded him of the Grand Fleet at sea in line ahead. I do not expect that argument to be advanced this time. However, I support my noble friend in asking the Government to think very hard before launching this deeply unpopular proposed construction.

8.4 p.m.

Lord Marlesford

My Lords, I am grateful to my noble friend Lord Crathorne for giving us the opportunity to discuss this important subject. As I understand it, it will be quite difficult for the Minister to reply directly on this specific project since it is under investigation through the public inquiry procedure. Reading, as I have done, the debate on the same subject in another place, it seems to me that he may speak somewhat more generally on the problems involved in undergrounding wires. I am rather glad of that because, although I have been to the area to which my noble friend refers, I do not know it as well as I should.

The debate gives me the opportunity to speak perhaps rather generally on what I regard as an important subject. I should at once declare two interests: first, as a member of the board of the Eastern Group, which is the biggest of the regional electricity companies in this country; and, secondly, as chairman of the Council for the Protection of Rural England. With both hats on, I take a considerable interest in undergrounding wires.

When electricity was first produced, it was such an exciting event that its arrival by any means was acceptable. Indeed I suspect, although I do not remember the moment, that it was probably fairly prestigious to have wires approaching the premises where one lived or worked rather as, somewhat later (a period that I do remember) television and masts had the same attraction. However, things move on and there is no doubt that wires generally have grown like Topsy and now provide an unattractive feature—very intrusive to much of the landscape and countryside.

We know that the costs of undergrounding are great. The question must always be whether they are costs which can and should be paid. The costs vary a great deal with the line concerned. I understand that the line which my noble friend discusses is a 400 kilovolt line. The cost of undergrounding such a line is approximately 20 times the cost above ground. At the lower voltages the ratio is much smaller. For the 11 kilovolt line which will serve a small community, the cost is 2.3 times greater. For the 400 volt line which will go to ordinary properties the cost is approximately 1.7 times greater. It is very much more economic.

Having said that, we must consider carefully before new lines are put up, in particular when, as appears in this instance, they are dual lines. When I was a member of the Countryside Commission I remember the application for Sizewell B. One reason that the Countryside Commission did not oppose Sizewell B was that Sizewell A, which was already in an area of outstanding natural beauty, had erected for its service pylons which, with extra wires on them, were adequate to carry the power from Sizewell B also. That was a very good reason. We might have taken a very different view on the building of Sizewell B in the area of Sizewell A on the Suffolk coast, but given that the power station was there, and that the pylons could cope with Sizewell B, there was good reason to have Sizewell B.

As your Lordships perhaps know, the output of Sizewell A is some 430 megawatts, and that of Sizewell B some 1200 megawatts, making 1630 megawatts. I hope that my noble friend Lord Crathorne has pursued in some detail whether it is necessary to have those additional pylons, or whether it might not be possible to put more wires on the same pylons, as was done at Sizewell. That seems to be a perfectly reasonable request to make.

I should like to say a few words about what can be done much more easily. For that purpose I take the experience that I have had through Eastern Electricity. A programme has now been in force for three years whereby the company specifically sets aside money for undergrounding low voltage wires in designated areas; that is national parks, areas of outstanding natural beauty, heritage coasts, conservation areas and special landscape areas. So far the company has spent £½ million on undergrounding; the value of the undergrounding that has taken place is at least double that because others have contributed to the cost. So far, 18 villages in Suffolk, Norfolk and Essex—all in designated areas—have had their low voltage wires put underground. In 1995–96, £¼ million has been allocated for the same purpose and it is hoped to extend the scheme in the eastern area to Cambridgeshire, Hertfordshire, Buckinghamshire and Bedfordshire.

The method of choosing where the undergrounding should go, assuming that designated areas are involved, is that the parish councils will decide that they find the wirescape intrusive. They will apply to the district council to be included in a list which will be submitted to the county councils. The county councils will then submit their list to Eastern Electricity and eventually a judgment will have to be made as to which ones are included in the programme.

The effect is dramatic in hugely improving the view of the areas. Villages such as Maldon, Cavendish, Aldeburgh, Burnham Market, Stoke by Nayland and even the little village of Marlesford in which I live, have benefited from the scheme. I can assure noble Lords that if they went to those villages and saw the pictures of before and afterwards, they would realise the benefit.

The expenditure does not only come from Eastern Electricity. There is no point in an undergrounding project unless British Telecom puts its wires underground at the same time. It is expected to do so and has done so. The county councils and district councils contribute, and even the parish councils contribute their widow's mite, in order to show that they are serious about the matter. The National Trust has contributed in certain cases; so have English Heritage, the Countryside Commission and some of the local preservation societies. I hope that other regional electricity companies will now follow suit. So far, they have not and I suggest that those noble Lords who have an interest in the subject and know of designated areas where the wirescape is intrusive should, perhaps through the parish council chain, put pressure on regional electricity companies to set up similar programmes. They can well be afforded.

One point I wish to make is that it would be desirable for the regulator to allow such amenity expenditure to be a deductible cost—which it is not at the moment—for the purpose of working out the economics of the price of power. I recognise that undergrounding low voltage lines may not be much comfort to my noble friend with his 400 kilovolt wires, but it is still a step in the right direction.

I believe that one day there will be greater scope. In the long run, probably when we are no longer around, with the further development of nuclear and solar power as well as superconductivity, we shall probably be in the happy position where power is either produced on the spot where it is needed or it may be produced in a series of nuclear or solar power stations perhaps miles away on a desert coast. The power could be transmitted throughout the world by undergrounded superconductivity lines.

Meanwhile, I suggest that the Government should do all they can, through the planning system, to encourage the most careful assessment of routes and the review of existing lines which are often no longer acceptable. Perhaps other electricity suppliers could be persuaded to follow the example of Eastern Electricity in introducing a serious programme of undergrounding throughout this beautiful country.

8.14 p.m.

Lord Gisborough >

My Lords, with the leave of the House, I wish to support my noble friend. My noble kinsman mentioned the effect on the plain of Northallerton. It is a wide plain below the national park and there is no doubt that a large number of wires would be unattractive and visible from a long way.

It cannot be disputed that the proposal has caused great concern to people in the area and there has been a great deal of interest and opposition to it. Not many years ago large pipes were put in underground carrying either gas or oil from the north-east coast to Lancashire. It surprises me that when a pipe is clearly economically viable for chemical firms, it should not be viable to carry gas to the area where the electricity is needed and where there will be no loss of gas, as opposed to the large loss described of electricity.

I look forward to the Minister's reply, but I understand that one of the lines of wires will be taken down by Enron and a much bigger line substituted which will look worse than the line already there. But at least there will only be one line, not two. It will be interesting to see whether the Minister confirms or denies that. I support my noble friend and look forward to hearing what the Minister has to say.

8.16 p.m.

Lord Peston

My Lords, we are all indebted to the noble Lord, Lord Crathorne, for putting down the Question and to noble Lords who have contributed to our discussion. I must be honest and say that when I first saw the Question and was told that I had to deal with it, I took the rather cynical view that it was just a bunch of rich landowners objecting to damage to their property consequent on economic advance. I wondered why I should bother. However, as the noble Lord, Lord Crathorne, pointed out, this is not a NIMBY Question, nor a rich landowner matter, as I discovered by going into it in detail.

What I find most impressive is the scale of the objections to what is proposed. So far as I can see, they appear to cover virtually everyone in the area. All the local authorities are unhappy, the Council for the Protection of Rural England and the national parks people are unhappy. The farmers are certainly unhappy and the noble Lady, Lady Kinloss, drew to our attention that to a considerable degree we are discussing small farmers. Most of the ordinary people in that part of the world are unhappy, and I understand that for once even the local media are united in saying that it is an undesirable state of affairs. I am happy to add that so far as I can see there is no party aspect to the objections. Everyone who is aware of the proposal says that there is something wrong.

We start from the point raised by the noble Lord, Lord Crathorne, that there seems to be no proven need for the line in the first place. In my judgment, a proven need would have to consist of two parts. We would need a full economically sound assessment of what is required, but equally that must be coupled with an environmental assessment. In other words, one cannot take a narrow view of such a development and whether there is a simple pay off. We must calculate—and in my judgment it can be done—the effect on the environment and weigh everything in the balance. We must ask what are the economic benefits, net; what are the environmental disbenefits; do the former outweigh the latter? Even if we do that, we still have to deal with the question that if there are gainers and losers, will the gainers not be obliged to compensate the losers?

That takes me to an altogether more fundamental point which is more general than the specific case but the specific case enables us to discuss it. It is the point of compulsory purchase, to which the noble Marquess referred.

If the relevant utilities are public utilities, whether national or municipal, one can put up quite a good case for compulsory purchase. But once those utilities are in the private sector, as they are, I can see no economically sound case whatsoever for compulsory purchase. It seems to me that what follows in that case is the need for the two parties—those who wish to build the pylons and those whose land those pylons will cross—to come to some mutual agreement so that each benefits. If they cannot reach some mutual agreement, then there is no case for building these pylons or anything else. In other words, one of the things that the Government have to face up to is that once you privatise, you really do have to privatise.

The Government say that they believe that markets, and not politicians, should decide how much energy, and of what kind, should be produced or consumed, and by whom. If the Government believe that, their view is completely incompatible, as a matter of logic, with compulsory purchase. If markets are to decide this, then markets are to decide it; and they must fully compensate all those who are affected. If the people who wish to build the line cannot then do so, it should not be built.

Lord Marlesford

My Lords, I was fascinated by the noble Lord's analysis. But does he think that, had the principles that he now enunciates been around 150 years ago, we would ever have had a railway system in Britain?

Lord Peston

My Lords, it is a point that is often raised. The noble Lord is aware that, since I teach this subject, this is not the first time that the point has been made to me. But, with respect, if he wishes to go into the question of the building of the railways, it has to be asked whether they did not do some damage to our environment, much of which turned out to be irreparable. Did not many people suffer who were not compensated? One of the points about those developments in the 19th century is that we have learnt since then that we wish to get the benefits of economic progress—I certainly do—without excessive cost in terms of damage to the environment.

Bearing in mind a point which I believe the noble Baroness, Lady Kinloss, and the noble Marquess, Lord Downshire, were guiding us towards, much of the damage that occurs is irreversible. In other words, once some of these environments are ruined, there is no way of recapturing what was there before. My point is that one has to think about these matters. One cannot just plough ahead.

This relates to another matter which we were guided towards by several noble Lords who spoke. Permission was granted by the Secretary of State for Energy (as he then was) for the building of a large generating station. That, I assume, was looked into very carefully indeed. But what puzzles and indeed distresses me is that if one is giving permission for the building of a generating station and assessing that, it follows, again quite logically, that the simple question ought to be asked: how shall we get the product of this generating station to those who will use it?

Lord Gisborough

My Lords, I am grateful to the noble Lord for giving way. I am not sure, but I think that he will find that no permission was necessary, because planning permission has been devolved to the industrial area.

Lord Peston

My Lords, that may be the case; I am indebted to the noble Lord. I was under the impression that permission had to have been granted. I am talking about the building of the power station. I am not saying that the power station should not be built, nor that transmission lines should not be built. I am simply saying that I should like all those decisions to be taken first as a whole and, secondly, taken rationally.

To return to the point that was made by the noble Lord, Lord Marlesford, we certainly could not take the view that no one will ever build another power station or another transmission system. What we want to know is whether the decision is a rational one.

A further consideration, about which the Minister will perhaps tell us, is: what is it that the inspectors looking at this matter may take into account; and what is it that they do take into account? Are they specifically limited; and therefore do the Government not have a special responsibility in matters of this kind to look beyond what the inspectors look at? I have no idea how the inspectors have reached their conclusion. My concern—which I take it is also the concern of the noble Lord, Lord Crathorne—is to say that the inspectors do not run this country. Others have to take relevant decisions. What concerns me is whether the Secretary of State, the right honourable friend of the noble Lord the Minister, is able to take account of the objections and the concern in the area.

I conclude by drawing the attention of the Minister to the precise wording of the Question asked by the noble Lord, Lord Crathorne. I am not sure whether it was meant to be quite as precise as it is—sometimes one puts down a Question simply in order to have a general debate. The Question is, to me at least, remarkably interesting. What the noble Lord asks is: under what conditions they would refuse permission".

In other words, he asks a quite specific Question. He does not, I take it, want a blah, blah, blah Answer. He wants the answer to the question: will you tell me under what conditions you would refuse permission? I therefore hope that the noble Lord the Minister will give us a precise Answer to the precise Question that the noble Lord, Lord Crathorne, put down.

8.25 p.m.

Lord Inglewood

My Lords, I must begin by congratulating my noble friend Lord Crathorne upon raising this issue for debate here today so soon after the Adjournment debate in the other place last week. I welcome, too, the opportunity to hear the views that he put forward, and those of the other noble Lords and the noble Baroness from Yorkshire—including Yorkshire's Lord Lieutenant—as well as the views of the others in this Chamber, who (like myself) do not come from Yorkshire.

I am sure that the House will appreciate that I cannot discuss the merits or otherwise of the particular project to which my noble friend refers, which is the proposal by the National Grid Company (NGC) to install an overhead power line about 75 kilometres long from Teesside south through the Vale of York. But I note that it would be one of the largest overhead line developments of recent years and it is entirely appropriate that it should receive detailed scrutiny, both through the planning process and in this House and the other place, where several debates have been held during the long history of this project. As noble Lords explained this evening, this matter has clearly generated a great deal of local concern. That is something of which we are aware and we will take it into account when coming to a conclusion.

Two small points were raised which perhaps I can answer most appropriately here. I was asked about the height of the pylons. I understand that they are likely to be between 40 and 45 metres, which is the main type, and that is normal in this sort of scheme. Secondly, it was asked whether it was possible that the existing line could somehow have extra wires attached to it. I understand that it is the view of NGC that simply adding more wires to the existing line is not a feasible option.

All aspects of the project have been, or still are, the subject of statutory proceedings, the reports of which my right honourable friend the President of the Board of Trade will be considering carefully when making his decisions. I must therefore limit my remarks to general matters and not the particular issues that have been raised at the public inquiries and local hearings. That may mean that I cannot give my noble friend as full an Answer as he would like. Some of the points that he raises are the subject of submissions at the inquiries. Nonetheless, I and my colleagues will take note, as I have already mentioned, of the points which he and others raised.

My noble friend asked under what conditions the Government would refuse permission for the overhead line proposal in Cleveland and North Yorkshire. He will doubtless appreciate from what I have just said that I cannot comment in relation to these specific applications made by NGC. But I can nonetheless set out examples of cases which could arise in which consent might be refused. I hope that in doing so I shall answer the point that was raised by the noble Lord, Lord Peston.

The general position is that all but the most minor of overhead line developments require the consent of my right honourable friend the President of the Board of Trade under Section 37 of the Electricity Act 1989. Consent carries with it a deemed planning permission. That consent might not be granted in a case where an applicant has failed to comply with his duty towards the preservation of amenity as required by Schedule 9 to the Electricity Act. Another instance might be a case where my right honourable friend the President of the Board of Trade takes the view that the adverse environmental effects of the project are such that he considers consent should be withheld. He may reach such a view as a result, for example, of the inspector's recommendations following a public inquiry; of an Environmental Statement supplied with the application; or, in the absence of that, of the department's own findings and conclusions. In cases of this kind it will then be for the applicant, if he still wishes to pursue the matter, to modify the proposal to make it acceptable.

As my noble friend will be aware, the inspectors who conducted the 1992 public inquiry into the NGC's applications for a new transmission line in Cleveland and North Yorkshire recommended against consent being granted for two of the five proposed routes in their entirety, and against consent being granted for parts of each of the remaining three routes. My right honourable friend the President of the Board of Trade indicated in his provisional response to the NGC that he was minded to accept the inquiry inspector's recommendations on this point. That is why further inquiries are currently under way into possible alternative routes for those sections of the line which the inspectors did not like.

At this point I intended to spell out in a little more detail the history of the project. But, bearing in mind the hour and the time—I am sure that noble Lords are fully aware of the facts—I propose to leave out that part in order to answer more fully some of the points that have been raised. There have been queries about the need for the new line. The inspector's 1992 inquiry in fact considered a number of options presented by the NGC for maintaining the security and stability of the grid system, as required by the terms of its operating licence. This was in the light of the new source of generation by Teesside Power Ltd, exports from Scotland through the recently upgraded Scottish Interconnector and expected future growth in generation. My right honourable friend the President of the Board of Trade agreed with the inspectors that none of these options is as economically attractive as the proposed overhead line. He will consider carefully any new recommendations which the inspectors at the current inquiry may make. But he must confine himself to legally relevant matters at the time.

The NGC operates an integrated transmission system which is of benefit to all parts of the country. The inquiry inspectors took the view that this particular line was needed for the NGC to maintain its system to the standard required under the terms of its operating licence. In his letter of 12th May 1994, my right honourable friend the President of the Board of Trade accepted that, while a single circuit line might be sufficient for immediately foreseeable needs, the double circuit line which has been applied for would not only minimise any need for further reinforcement in the future but would also enable NGC to comply with its statutory requirement to encourage competition.

On the subject of security standards of the grid system, it is currently the position that the NGC has a temporary derogation from the normal security standards as required in its operating licence. On the question of whether this derogation should be made permanent, Professor Littlechild, the Director General of Electricity Supply, has recently said that he was not convinced that it would be appropriate to change NGC's planning standards at this stage. He added, however, that he would keep the matter under review during the development of NGC's transmission service activities and the review of NGC's transmission price controls. This advice, published by OFFER on 24th February, is available to the inspectors at the current inquiries. Above all, it has to be appreciated on this subject of security standards that overhead line proposals must be considered by my right honourable friend the President of the Board of Trade in the light of standards as they exist at the time his decision regarding consent is taken.

The view has also been expressed that the Government should be actively encouraging the building of new power stations near to where the power is required. The Government believe that choice of location, along with other matters such as choice of fuel and indeed the timing of new capacity, is a commercial matter best left to the companies concerned. That choice will then be subject to detailed scrutiny in the consent process. Issues relating to the impact of a proposed generating station on the particular locality are then key matters for consideration by my right honourable friend the President of the Board of Trade, before deciding whether or not to grant consent and deemed planning permission.

It is important that companies are given correct pricing signals about the cost of locating in particular areas. The predominant power flows on the transmission system are undeniably north to south and this is now reflected in the clear cost signals given to prospective new generators by the use-of-system charges introduced in April 1993. While higher charges for use of the grid system were continued for generators in northern zones, payments rather than charges were introduced for generators in southern zones. The objective was for a greater share of the costs of transmission reinforcement to be borne by those generators whose developments have brought about the need for it.

All infrastructure involves long-term investment, and transmission is no exception. Companies cannot afford to base their appraisals on short-term considerations. At the 1992 inquiry the inspectors considered whether new developments in superconducting cables would provide an alternative to the overhead line. They concluded that superconducting cables were not commercially available or proven and were not a practical option at present. If there is new information about need or options which has become available since the first public inquiry, it is right that that should be put to the inspectors at the current inquiry. It has always been made clear that new material would be fully considered.

The proposed overhead line would cost about £½ million per kilometre The cost of underground cable providing the same capacity would be about £12 million per kilometre But cost is not the only disadvantage of underground cables. It takes much longer to find and repair faults on underground cables and thus increases substantially the time the circuit would be out of service. Furthermore, they preclude most forms of development on large swathes of land and also put limitations on the use of such land for agriculture.

On the question of whether power station proposals should take full account of the environmental implications of consequential and related transmission requirements, this is not regarded as a matter legally relevant to the decisions of my right honourable friend the President of the Board of Trade on NGC's current applications. Where a power station developer is also proposing to construct overhead lines connecting to the National Grid, it would of course be a requirement on him to include an assessment of those lines as part of his assessment of the power station project. But this was not the case here. As the inquiry inspectors acknowledged, the proposed new line will serve the needs of projects other than the Teesside power station. I do not believe that it would be reasonable to require the developer of an individual power station to provide the necessary information for the environmental assessment of further developments which are only partly influenced by his own project. That would impose unreasonable demands and cause considerable delay for applicants.

Lord Peston

My Lords, I am sorry to interrupt the noble Lord, but I find that remark astonishing. The noble Lord says that he does not "believe". Is he saying that that is a matter of law or a matter of his judgment? It would seem to me obvious that if you are building a power station, the question of how you get the product to market has to be answered. That has a community aspect and we ought to answer it in terms which are convincing to the community. Is he saying that I am wrong because it is a matter of law that does not arise or for some other reason?

Lord Inglewood

My Lords, the key characteristic here is that where you have a power station which has to lock into the National Grid, that itself is clearly part of the project which is under consideration. Where the ramifications of the joining of the power station to the grid in conjunction with other things that might happen elsewhere in the future might have an impact on other parts of the grid, that is not a matter to be taken into account at the original planning permission stage.

Current procedures, under which individual developments are considered as separate applications, operate satisfactorily. I do not concede that there is any need to change them.

I recognise the importance of combined heat and power. It is the Government's policy to encourage combined heat and power and combined heat and power is growing. But it is a commercial decision for operators whether to operate in this way and where they want to locate. ENRON is operating a station in a combined heat and power mode. The maximum supply to ICI has been 380 tonnes per hour of steam, which is roughly half of ICI's total requirements, with the minimum being 80 tonnes per hour. Even if ICI does not require steam, the link is used for 50 tonnes per hour just to keep it in operation and good condition. The electrical efficiency of the plant is a little over 50 per cent, but when running on full steam output to ICI that rises to over 90 per cent.

The majority of those who have made representations to my right honourable friend the President of the Board of Trade, either in correspondence or through the inquiries and hearings, have expressed concern about adverse health effects. In particular, the public is concerned about health risks as a result of studies published in other countries concerning a possible association between electromagnetic fields and cancer.

My right honourable friend the President of the Board of Trade can only take into account the most current and authoritative evidence, including advice from the Department of Health and the National Radiological Protection Board, which is available to him at the time he makes his decision. This applies in the case of any overhead line decision and such decisions are being taken every day.

The National Radiological Protection Board's current advice is that it has considered all the available information and has concluded that the evidence does not establish that exposure to electromagnetic fields is a cause of cancer, although it does provide some evidence to suggest the possibility exists, which justifies moving forward with research. The significance of an epidemiological study depends, among other things, on the strength of the association, the presence of a dose-relationship, supporting experimental evidence and a credible biological explanation. These tests for causality are not satisfied for a link between electromagnetic fields and cancer and the NRPB do not therefore recommend the adoption of quantitative restrictions on human exposure to electromagnetic fields. Should the NRPB's advice change before my right honourable friend the President of the Board of Trade reaches any decisions on this project, he will of course take the new advice into account.

As I indicated, my right honourable friend the President of the Board of Trade has yet to receive and consider a number of reports by independent inspectors on different aspects of this project. Indeed, some of the inquiries have not yet finished. He is also obliged to consider any relevant new evidence which he receives before he makes his decisions. Equally, he cannot take into account other matters. If he takes into consideration any such new evidence or new matter of fact which disposes him to disagree with recommendations made by any of the inspectors, he must, under the relevant rules of procedure, give the parties involved an opportunity of asking for the reopening of that inquiry.

I should like to conclude by assuring my noble friend and the House that no decisions on the various individual applications before my right honourable friend the President of the Board of Trade will be taken until he is satisfied that he has all the information before him to enable him to take that decision properly, and that he will take all relevant matters into account. Furthermore, as the House will realise, my right honourable friend the President of the Board of Trade cannot take a decision which will in any way restrict his discretion in relation to any other decision.

I am sure that we all agree that this debate has been helpful. I thank all those who have participated and contributed and in particular my noble friend Lord Crathorne for raising the subject for debate.

House adjourned at twenty minutes before nine o'clock.