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

5. Guidance on notifications and pre-application consultation reporting

The objective of pre-application consultation and engagement is to provide a process which enables communities and other stakeholders to be better informed about section 37 transmission proposals and to have the opportunity to contribute their views to the Transmission Owner before a section 37 application is submitted to the Energy Consents Unit.

Pre-application consultation can help to improve the quality of consent applications, address misunderstandings and highlight any issues which are particularly important to the local community and other stakeholders. Effective communications, well organised events with appropriate advance notice and a regularly updated TO website can help to ensure communities, members of the public and other stakeholders have access to information, the opportunity to influence route and alignment options and provide informed feedback at key stages of planning and design.

Information available on Transmission Owners Website

The Transmission Owner (TO) should host a website with information related to the project. The website should have the following information, appropriate to the stage of development of the proposals:

• The PAC Notice.
• The PAC Strategy^[6].
• 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 current proposals.
• Information on the potential environmental effects of the project.
• How to contact the TO and how to submit feedback.
• A summary of the feedback received at the pre-application in-person consultation events and any online engagement opportunities along with the TO’s responses to the matters raised.
• Information in FAQs (Frequently Asked Questions) and links to other relevant publications.
• Any additional material provided by the TO at the consultation events.

The details of the website and contact details should be included in the PAC Notice and PAC Strategy.

Number of Duplicate Events for Projects of Extended Length

• The physical length of some transmission projects may necessitate additional PAC events at appropriate locations along the route
• The TO should set out in the PAC Strategy the arrangements for any duplicate PAC consultation events to allow access to events within reasonable travel distances. The number of duplicate events and their locations will be a matter for the TO to determine.

Notification of Events

• All events should be advertised in a newspaper(s) circulating in the locality a minimum of 21 days in advance of the event by the TO. For the avoidance of doubt, separate adverts shall be placed for the first, second and third event. Where additional or duplicate events are held, these should be advertised in a similar manner.

The stages, consultation purpose and guidelines for PAC events for a typical project are set out in Figure 3.

Text for graphic below:

Stage 1 – Corridor and route assessment

Purpose: to engage with communities and stakeholders on corridor and route selection to establish a proposed route

Public Notice of PAC Event 1

Notification sent to Local Authority, Statutory Consultees, local Councillors, Community Council(s), MSPs and MPs. This will happen a minimum of 21 days in advance of PAC Event 1.

Hold PAC Event 1.

28 days later the post-event comments period will close.

Stage 2 – Design and Development including EIA Studies on the proposed alignment.

Purpose: to engage with communities and stakeholders to secure feedback on the proposed alignment of the project.

Public Notice of PAC Events 2 and 3

Notification sent to Local Authority, Statutory Consultees, local Councillors, Community Council(s), MSPs and MPs. This will happen a minimum of 21 days in advance of PAC Event 2.

Hold PAC Event 2.

28 days later the post-event comments period will close and PAC Event 3 may be held. The purpose of PAC Event 3 is to present the proposal intended to form the submission to Scottish Ministers.

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

• Notification of the events should be provided to the Community Councils, local ward members, MP and MSPs for the area, and the planning authority alongside the newspaper advertisement.
• The advertisement in newspaper(s) circulating in the area should provide:
  • A description of, and the location of, the proposed development.
  • Details as to how (including online websites) further information may be obtained.
  • The date, time and place of the public event(s).
  • A statement explaining how, and by when, persons wishing to make comments to the TO relating to the proposed development can do so.
  • A statement advising that comments made to the TO are not representations to Scottish Ministers and when the TO submits an application, there will be an opportunity to make formal representations on the application.
• The TO should make reasonable attempts to notify properties within the route corridor and proximity of the route corridor^[7]. For the avoidance of doubt separate, notifications should be sent in advance of each in person event. These notifications should also include details of the online consultation.

Online Consultation Opportunities

• Online consultation should provide the same information presented at the in-person consultation event. Online engagement opportunities 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 online consultation offers additional opportunity to consult that does not require attendance at an in-person event and for the public and other stakeholders to provide their feedback.

Pre-Application Consultation Report (PAC)

The applicant is expected to prepare a pre-application consultation report (“PAC Report”) setting out what has been done to accord with this guidance. The PAC Report should be submitted with the application and should include the information set out below.

• The dates on which, and places where, public events were held for each stage of the project development;
• The original PAC Strategy plus any updates or modifications.
• A summary of the in-person and online consultation.
• A description of any additional consultation or notification required by the Energy Consents Unit in relation to the proposed application any additional steps taken by the TO to consult with members of the public as regards the proposed development.
• A list of bodies, groups and organisations who were consulted by the TO.
• Evidence as to how the TO carried out the activities.
• A Statement advising the consultation and engagement has been completed in accordance with the PAC Strategy.
• Representative samples of materials sent to consultees, e.g.:
  • Materials provided to those attending a public event.
  • Visual representations.
  • Photographs of any display boards or models at public events.
• Confirmation that consultees and attendees at public events were informed that pre-application consultation does not remove the right or the potential need to comment on the section 37 application once it is submitted to the ECU.
• A summary of the written responses to consultations, and views raised at public events, including an indication of the number of written responses received and the number of persons who attended the public events:
  • An explanation of how the TO took account of views raised during all stages of the pre-application consultation process.
  • An explanation of what modifications have been made and what modifications have not been made and for what reasons in response to public feedback.
  • An explanation of how members of the public were given feedback on the prospective TO's consideration of the views raised during the pre-application consultation process.