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

2. Pre-application consultation with communities & stakeholders

Pre-application consultation enables local communities, the public and wider stakeholders to be better informed about transmission proposals and ensure they can contribute their views, highlight locally important issues and provide feedback on emerging proposals during the planning and design stages.

Pre-application consultations with the community alongside wider consultation with local authorities, statutory consultees, public, and other bodies will improve the quality of proposals and allow Transmission Owners the opportunity to develop proposals which take account of community and stakeholder consultation feedback.

Stages in Planning and Design undertaken by the Transmission Owners

Transmission Owners (TOs) are required to formulate proposals that meet the technical requirements of the electricity system, which are efficient and economically viable, and on balance, minimise disturbance to the environment and the people who live, work and enjoy recreation within it.

Projects follow a staged and sequential planning and design process. For large scale projects, this typically advances through routeing studies to the identification of a proposed route. Proposals are then developed alongside the statutory requirements set out in the EIA Regulations, the Electricity (Applications for Consent) Regulations 1990, other technical studies and landowner discussions, concluding with a final proposal and accompanying Environmental Impact Assessment that form the section 37 application based on the proposed alignment.

The Energy Consents Unit (ECU) Good Practice Guidance for Applications under Section 36 and 37 of the Electricity Act 1989 sets out the procedure for applications.

Establishing Consultation and Engagement Arrangements

The ECU encourages early dialogue between the TO and communities and the early sharing of information on route planning to allow communities to input local knowledge, share priorities and raise issues at both the route planning and route alignment stages.

The TO’s project stages in planning and design are as follows:

Stage 1: Route Assessment to identify a Proposed Route

The TO at this stage will identify and review route options to identify a preferred route for consultation. They will consult with local communities and wider stakeholders to gather feedback and confirm a proposed route.

At Stage 1, it is expected that the TO will hold one pre-application consultation event, plus any duplicate events considered necessary for projects covering longer distances and multiple communities. In addition, the applicant should provide an online engagement opportunity which should match the in-person pre-application consultation events in terms of information availability and provide opportunities to engage with the Applicant’s technical experts. The applicant should record all responses and demonstrate how they have considered and addressed feedback from the consultation events.

Stage 2: Design and Development including EIA Studies on the Proposed Alignment

The TO at this stage will appraise and further refine the proposed route to select an alignment for consultation. They will consult with local communities and wider stakeholders to gather feedback and confirm the route alignment that will subsequently be taken forward for application.

At Stage 2, it is expected that the TO will hold two pre-application consultation events, plus any duplicate events considered necessary for projects covering longer distances and multiple communities. In addition, the applicant should provide an online engagement opportunity which should match the in-person pre-application consultation events in terms of information availability and provide opportunities to engage with the Applicant’s technical experts. The applicant should record all responses and demonstrate how they have considered and addressed feedback from the consultation events.

Reporting on the consultation

Feedback on the comments received during the consultation period is expected to be provided at regular points during the pre-application stage to ensure that stakeholders are kept informed as to how their comments and concerns are being addressed.

The applicant is expected to prepare a pre-application consultation report (“PAC Report”) to accompany the application. The PAC Report should set out the consultation which has been undertaken and how comments received have been taken on board in shaping the submitted proposal. This should also set out a clear explanation for why matters raised through the consultation process have not influenced the submitted proposal, if appropriate.

A diagram summarising the consultation activity to be undertaken at each project stages is set out in Figure 2. More detailed guidelines for consultation and engagement for each of the TO’s work stages are set out in Section 3 of this guidance.

Text for graphic below:

Stage 1 – Corridor and Route Assessment to Identify a Proposed Route. Key outcome from consultation at this stage is to secure feedback to establish a proposed route.

Stage 1 includes consultation in the following ways with the following organisations, individuals and groups .

Group 1 – Consultation Activity with Planning Authority and Statutory Bodies. Consultation at this stage seeks to:

• Develop the information baseline.
• Baseline information sharing
• EIA Scoping
• Feedback to Transmission Operator on preferred route.

Group 2 – Consultation Activity by the Transmission Operator. Consultation at this stage will include:

• Advise consultees
• Establish contacts
• Create Pre-Application Consultation Strategy
• Establish website
• Develop route options
• Pre-application consultation event 1
• Provide opportunity for feedback on proposed route
• Incorporate feedback
• Identify proposed route.

Group 3 – Consultation Activity with Community Councils, general public and other stakeholders. Consultation at this stage seeks to:

• Notify Community Councils, planning authorities, MSPs and MPs.
• Baseline review and share information
• Advise on local issues and priorities
• Feedback to Transmission Operator on preferred route.

Stage 2 – Design Development including EIA Studies on the proposed alignment. Key outcome from consultation at this stage is to secure feedback on the proposed alignment of the project.

Stage 2 includes consultation in the following ways with the following organisations, individuals and groups

Group 1 – Consultation Activity with Planning Authority and Statutory Bodies. Consultation at this stage seeks to:

• Review and share information.
• Provide feedback to Transmission Operator on preferred alignment.
• Input to environmental assessment studies.

Group 2 – Consultation Activity by the Transmission Operator. Consultation at this stage will include:

• Provide feedback from Stage 1 consultation
• Share information
• Develop detailed alignment
• Pre-application consultation event 2
• Provide opportunity for feedback on proposed alignment
• Incorporate feedback
• Develop EIA Reports
• Pre-application consultation event 3
• Provide feedback.

Group 3 – Consultation Activity with Community Councils, general public and other stakeholders. Consultation at this stage seeks to:

• Review and share information
• Advise on local issues and priorities
• Feedback to Transmission Operator on preferred alignment.
• Transmission Operator to provide summary presentation of proposal.

Completion of pre-application app consultation and engagement and submission of Section 37lication.