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

3. Planning and design stage 1: route assessment to identify a proposed route

The first stage of pre-application consultation and engagement is for the TOs to share of information on the proposed development with local communities, stakeholders and the general public. At this stage, the TO will also prepare a Pre-application Consultation and Engagement Strategy which will set out its strategy on sharing information, securing community feedback and setting out how local communities and stakeholders can input to the project planning and design.

Notification of Project Establishment

The TO will be required to notify to the ECU when a new project is established. This will enable the project administration procedures to be arranged established and allows ECU to anticipate the potential scope and timescales of future TO proposals.

Preparation of a PAC Strategy and Issue a Pre-Application Consultation Notice (“PAC Notice”)

Under this guidance, TOs are expected to present a structured approach to consultation and engagement and undertake the following:

Pre-Application Consultation and Engagement Strategy

• A Pre-application Consultation and Engagement Strategy (the “PAC Strategy”) will be submitted to the ECU and will set out how the TO intends to progress the multi-stage consultation in accordance with this guidance.
• The ECU will review the PAC strategy and ensure that it meets the expectations set out in this guidance. It is anticipated that once submitted to the ECU, the document will be reviewed and agreed for use within 3 weeks following submission. If any modifications are sought to the PAC Strategy to ensure compliance with this guidance by the ECU these will be communicated within 2 weeks following submission.
• The PAC Strategy should set out the stages of consultation, explaining clearly what is to be consulted upon at each stage of planning and design and any areas of specific feedback sought:
  • Stage 1 Planning & Design: Definition of the Proposed Route
  • Stage 2 Planning & Design: Definition of the Alignment
• The PAC Strategy should be project specific and include clear links to where further information is available on the TO’s website including FAQs, News Updates, and links to relevant other publications.
• The PAC Strategy should summarise the drivers for the project and evolution to date. It should provide contact information for the TO and advise how project information can be accessed online. The PAC Strategy should be available on the TO’s website.
• The PAC Strategy should remain a ‘live’ document during the pre-app stages, allowing for flexibility to develop and amend the approach reflecting project needs as the project develops.

The information at this stage may vary project to project. The intent is to share information with the public and other bodies to ensure parties are informed and aware of the project proposal, are able to initiate conversations within their communities, and to prepare for future planned consultation and engagement events including both in-person and online methods.

Pre-Application Consultation Notice

• The TO should complete a Pre-application Consultation Notice (the “PAC Notice”) based on a template provided on the ECU website and issue the notice to:
  • Energy Consents Unit
  • Local Authority or Authorities
  • Local MP and MSPs
  • Local Councillors
  • Community Council(s)
• The PAC Notice must be submitted a minimum of 12 weeks before submission of an application.

Preparation of Route Assessment Information for Consultation

Route assessment is the process of reviewing how best to deliver the required infrastructure based on the appraisal of relevant technical, local place, community, environmental and economic information. In line with the TOs license obligations under the Electricity Act 1989, and the Electricity Works (Scotland) (Environmental Impact Assessment) Regulations 2017, routeing will typically assess a number of options, looking to balance technical and economic viability whilst minimising disturbance to people and the environment.

Consultation and engagement are of particular importance at this stage. This step establishes the route options to be consulted upon setting out the initial TO’s preferred route. Feedback will inform the selection by the TO of a proposed route.

PAC Consultation Event 1 – Route Assessment

At this step, it is expected that the following will be undertaken:

• The TO will hold a minimum of one public in-person event and an online engagement opportunity at which members of the public may make comments and provide feedback to the TO regarding the proposed development.
• The in-person event shall be held a minimum of 21 days after publication of the public notice advertising the event and notification of properties^[3].
• The online engagement opportunity should, as a minimum, be publicised alongside the in-person event, with all consultation and engagement material made available on the TO’s website.
  • PAC Consultation Event 1 should focus on providing information on the requirement for the project, routeing constraints, and issues that need to be taken into account in developing the proposed route.
  • The TO will seek specific feedback on all the route options and preferred route and the local issues that will inform the development of the proposed route.
• Information issued as part of the pre-application consultation and engagement should be factually accurate, easy to understand, jargon free, accessible, and relevant. It should be made available in appropriate formats and provided in good time to enable people to take part and discuss their views with others. The minimum information provided to the public should include:
  • The reasons / need for the project and information on the benefits of the project.
  • How the project has been identified and by who.
  • Information on the location of the project including a description of the proposals.
  • Information on the potential environmental constraints of the project based on the level of environmental information available at this time.
  • Information on the process used to identify and appraise route options, select a preferred route option and develop the proposed route.
  • Summary information including a plan that the public can take away from the event.
  • Information on how the public can provide feedback on the route options and any other matters relating to routeing that consultees feel should be considered by the TO.
• Any additional public and Community Council feedback following the event regarding route selection or other matters for consideration by the TO should be submitted to them within a minimum of 28 days (counted as 28 days commencing from the date of the last event) unless otherwise advised at the PAC event.
• At each event, the TO should have, wherever possible, professional staff familiar with environmental and technical matters to allow members of the public to discuss proposals and access support on technical subjects. Where a specific technical expert is not available, the TO should ensure any specific questions are recorded and responded to timeously.
• The TO should ensure that a collated summary of the feedback from the pre-application events including written submissions, feedback forms or feedback received through face-to-face discussions at PAC events, along with a response from the TO to the matters raised, is published on the TO’s project website.
• The TO should provide written responses and provide collated responses to the issues raised in the form of FAQs or key topic summaries to frequently raised subject matters, for example landscape, ecology, pylon detail, etc. This should be published on the TO’s website and included as a summary in the PAC report.