Electricity Act 1989 - transmission line projects and environmental impact assessment: pre-application consultation and engagement guidance

1. Introduction

The purpose of this document is to provide guidance and set expectations on pre-application consultation and engagement for overhead line projects in Scotland that require a section 37 consent and Environmental Impact Assessment. It sets out a step-by step process on pre-application consultation and reporting.

Applications under Section 37 of the Electricity Act 1989

In Scotland, subject to certain exceptions, proposals to install and keep installed overhead electric lines and associated ancillary development require the consent of the Scottish Ministers under section 37 of the Electricity Act 1989. These applications are processed on behalf of the Scottish Ministers by the Energy Consents Unit (ECU). Section 57(2) of the Town and Country Planning (Scotland) Act 1997 also allows the Scottish Ministers, on granting consent under section 37, to direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

This guidance applies to projects that require consent for the installation and works to overhead transmission lines of 132Kv or above and associated apparatus under Section 37 of the Electricity Act 1989 and which also require Environmental Impact Assessment (EIA) under the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (the EIA Regulations). Developments falling within a description in Schedule 1 of the EIA Regulations will always require EIA. Development of a type listed in Schedule 2 of the EIA Regulations may require EIA if they are likely to have significant effects on the environment as a result of the nature, size or location of the proposed development.

Purpose of the Guidance

The Electricity Act 1989 does not set statutory requirements for pre-application consultation. The purpose of this guidance is therefore to set out expectations on consultation activities that should be undertaken prior to the submission of section 37 applications. It also sets out a process for reporting on the consultation and engagement activity that applicants are expected to follow. This guidance intends to provide a consistent framework for engagement, create more transparency around the pre-application process, and ensure communities and other stakeholders understand when and how they can input at the various stages of project development

This guidance also recognises that the detailed scope, method and timing of pre-application consultation and engagement will vary between projects depending on their nature. It is therefore expected that a proportionate approach to consultation should be undertaken, tailored to the size, nature and location of the project.

Representation procedure following submission of the Section 37 Application

This guidance relates to pre-application consultation and engagement up to the point of formal submission of an application by a Transmission Owner^[1] (TO) to the Scottish Government’s Energy Consents Unit^[2] (ECU).

Any comments made at this pre-application stage to provide feedback to the TO are not formal representations to the Scottish Ministers. Once a TO submits the application to ECU, there is an opportunity for the public and other stakeholders to submit formal representations on the application in advance of determination of the application by the Scottish Ministers.

Figure 1 below sets out the key stages of the application and determination process for section 37 applications that are subject to EIA.

Text for graphic below:

Step 1 – Submission of Pre-Application Notification

Step 2 – EIA Screening.

Step 3 – Determination of whether the project is EIA Development. If it is EIA Development Move to Step 4. If it is not EIA Development move to Step 6.

Step 4 – EIA Scoping.

Step 5 – Scoping Opinion Issued

Step 6 – Procedural Gatecheck.

Step 7 – Application Submitted.

Step 8 – Application Submitted

Between Step 1 and Step 8 there is pre-application consultation with the community, Energy Consents Unit and consultees (including the relevant Planning Authority / authorities).

Step 9 – Consideration of the application

Step 9a – Referral of application to public inquiry (if required)

Step 10 – Determination of the application by the Scottish Ministers