Energy Consents Unit: annual report 2025-2026

4 2025/26 summary

Application outcomes

During the reporting year, Scottish Ministers determined 130 applications comprising 126 consented and 4 refusals. Please note that one wind farm application decision included in the consented figures was subject to judicial review, and has since been returned for further consideration.

Consented applications reflect continued progress towards achieving Scotland’s net zero ambitions, maintaining security of supply and supporting sustainable economic development.

Section 36 determinations

Sixty-one Section 36 applications were determined between 1 April 2025 and 31 March 2026. Of these, four applications were refused, all of which were for wind farms, while the remaining 57 applications of various technology types were consented.

Our analysis demonstrates a varied and increasingly complex portfolio of energy consent applications during the reporting year, with notable differences in determination times across project types and case stages.

Applications determined by technology

Battery Energy Storage System (BESS) applications represented the largest proportion of cases handled during the year, followed by wind farm developments.

This reflects the continued growth in renewable energy infrastructure and associated grid flexibility technologies across Scotland.

Application determination times by technology

Average determination times varied significantly by technology type. Wind farm applications recorded the longest average processing times, reflecting the scale and technical complexity associated with current developments.

In comparison, battery storage applications generally progressed more quickly through the consenting process.

Application determination time factors

The process of determining applications for consent is collaborative, with various interdependencies. Therefore, various underlying factors can often contribute to increases in overall processing times and reflect the complexity of managing large-scale infrastructure applications within a multi-agency regulatory environment.

In preparation of this report, we carried out a retrospective exercise to collect data from correspondence in case files to estimate the time taken between stages of a case’s lifecycle. These are:

• Validation: ECU officials assess application documents to make sure they are ready for consultees
• Consultation: Planning authorities, statutory consultees, non-statutory consultees and the public submit their response to an application
• Directorate for Planning and Environmental Appeals (DPEA): if required, the DPEA undertakes a reporter-led examination procedure, which may include a Public Local Inquiry, of the application
• Determination: analysis and consideration of all relevant application information by ECU officials, and final decision taken by the Scottish Ministers on whether to grant or refuse consent to the application.

Six out of 61 Section 36 applications were referred to the DPEA. If an application is referred to the DPEA, it greatly increased the overall time taken to determine the application due to a separate reporter-led examination process which may include a Public Local Inquiry, before Ministers make their final decision.

This analysis highlights that statutory consultation periods accounted for a substantial proportion of overall case duration. On average, consultation activity took longer than the formal determination stage itself.

Consultation stage timescales

Scottish Ministers require access to a variety of expert views to ensure that they can make informed decisions. This includes seeking views of statutory consultees, such as NatureScot, Historic Environment Scotland and Scottish Environment Protection Agency (SEPA), and local views of Planning Authorities.

The scatter analysis demonstrates a clear relationship between consultation length and overall determination periods, with longer consultation phases generally resulting in extended case timelines.

Case Study Bankend Rig Wind Farm

The Bankend Rig III Wind Farm application, submitted in January 2024 by Wilson Renewables III LLP, sought planning consent for a 10 turbine, 66 MW onshore wind development in South Lanarkshire.

Early pre-application engagement between the ECU, the Company, and consultees played a key role in shaping the proposal. This collaboration helped to identify and address environmental constraints at an early stage, supporting the progression of the application. The project progressed with careful consideration of landscape and visual effects, aviation lighting, and ecological sensitivities, including proximity to the Muirkirk and North Lowther Uplands Special Protection Area.

The consultation process included ongoing engagement with statutory environmental bodies, with the Company providing clarification in response to feedback, particularly on peat impacts and habitat management controls. This enabled consultees to maintain no objection to the proposal, subject to planning conditions. As a result, the mitigation strategy was refined and a clear set of planning controls was agreed by all parties.

Scottish Ministers granted consent to the application in November 2025.

Consultation extension requests

A high proportion of cases required Planning Authority or Statutory Consultee extensions to allow for the provision of their contributions to the application.

The average time of a planning authority extension was 161 days, whilst the average time of a statutory consultee extension was 119 days.

Case Study Kellas Drum Wind Farm

The Kellas Drum Wind Farm application was submitted in March 2024 by E Power Ltd on behalf of Kellas Drum Ltd for a site near Dallas in Moray. The proposal initially consisted of up to eight turbines, six reaching 185 metres and two up to 175 metres in height.

A lengthy consultation process followed, with multiple extensions requested by Moray Council to allow consideration of environmental, planning, and transport issues. Early concerns from the Scottish Environmental Protection Agency (SEPA) regarding carbon-rich soils were resolved after additional information was provided, leading to withdrawal of its objection in August 2024.

As the application progressed, the Planning Authority ultimately recommended objection in March 2025. However, subsequent discussions between the Authority and the developer identified mitigation measures, notably reducing all turbine heights to 149.9 metres. Procedural complications arose around deadlines and extension agreements, requiring mediation by the ECU. The Authority submitted an initial objection on time which would have triggered a mandatory public inquiry, but later reconsidered following further consultation on the revised scheme.

By late May 2025, Moray Council withdrew its objection, and in January 2026 Scottish Ministers granted consent for the amended development.

Application quality

Some applications, notably wind farms, involved requests for additional information from developers. The average time required for additional information to be provided by developers was 181 days.

It is well understood that applications are increasingly complex and this can bring unique challenges for developers. However, incomplete applications which require Additional Information to be submitted during the application process extend the determination period significantly.

Section 37 determinations

Sixty-eight section 37 applications were consented between 1 April 2025 and 31 March 2026. The average determination time was 268 days, which is less than half of the average for a section 36 application that was not referred to the DPEA.

Faster processing times for section 37 applications are due to a number of factors. Many of these applications do not require a full Environmental Impact Assessment (EIA). In addition, few are objected to by Planning Authorities so further examination or inquiry procedures is not required. Overhead line applications generally require a narrower range of considerations than those of wind, solar or battery farms, and accordingly determination timelines are usually significantly shorter.

Case Study Cockenzie Battery Energy Storage System

The Cockenzie battery energy storage proposal illustrates how the energy consents process can evolve in response to changing commercial and operational arrangements. Submitted on 31 August 2023 as a single project, the development was subsequently restructured in 2024, into two parcels to be managed by separate companies. This introduced additional procedural and administrative complexity, requiring amendment to the original application, while a new, second application was submitted.

The process was further shaped by a high level of public representation, reflecting local interest in the development. Ongoing discussions between the applicant and the ECU were necessary to address procedural matters. A key factor in resolving these challenges was the developer’s confirmation of a formal legal collaboration agreement between the two companies, demonstrating that the split structure would still deliver a coordinated and coherent project.

On that basis, and following assessment of the revised and accompanying applications, the Scottish Ministers granted consent in July 2025. This case highlights the strength of the consenting regime in accommodating project changes, while also underlining the importance of clear legal arrangements and sustained engagement to overcome procedural and public-facing challenges.

Applications received

A total of 139 applications were received during this reporting year, with a breakdown as follows:

Included in the 68 section 37 applications received in 2025/26 are three ASTI applications from Scottish and Southern Electricity Networks (SSEN). These are:

• Spittal–Loch Buidhe–Beauly
• Beauly–Blackhillock–New Deer–Peterhead
• Kintore–Tealing.

These ASTI applications are hugely significant projects that seek to upgrade the network infrastructure across the north of Scotland between now and 2030. Each of these applications has required prioritisation and a substantial allocation of resources from the ECU and DPEA to help meet the associated deadlines.

Fee income

The ECU operates on a costrecovery basis, in line with the Scottish Public Finance Manual.

A total of £12.3 million was received in application fees during this reporting year, with a breakdown as follows:

The ECU currently makes a voluntary contribution to relevant planning authorities for work undertaken during the consultation period. The amount is generally calculated by reference to 50% of the applicable application fee and is provided separately from authorities’ core funding. This does not include fees for non-EIA OHL applications, which are retained in full by the ECU, because the Planning Authorities are not required to undertake consultation work for those applications.

In this reporting period, the share of application fees paid voluntarily to Planning Authorities amounted to £5.8 million. This total includes application income received during the previous financial year and carried over into 2025/26.

Further information on application fees is available in The Electricity (Applications for Consent and Variation of Consent) (Fees) (Scotland) Amendment Regulations 2022

Internal performance

New representations portal

In January 2026, the ECU launched a new update to the ECU portal to make it easier for members of the public to submit representations on energy consent applications in Scotland.

In a response to previous feedback, the new portal functionality was designed to provide instant confirmation of submission and to allow for publication in a much quicker timeframe than the previous email-based submissions.

This change has enabled officials to gather data in a format which can be more readily categorised, providing more opportunity for analysis and reducing disproportionate administrative costs.

This modernisation is in line with the Scottish Government’s Public Sector Reform strategy to deliver public services more efficiently for the people of Scotland.

Future Planners Programme

In August 2025, the ECU welcomed a cohort of student planners with the aim to create qualified planners and support the long-term resilience of the planning profession.

Through this 23-month programme, Student Planners undertake a planning master’s degree, gaining exposure to key areas of government through rotational placements in the DPEA, the Planning, Architecture and Regeneration Directorate, and the ECU.

The programme plays an important role in building future capacity and capability within the planning system, while also providing valuable additional resource to support the delivery of complex consenting casework.

Correspondence handling

Over the course of the year, the ECU has contributed to:

• 470 correspondence cases on matters addressed to Scottish Ministers
• 117 Parliamentary Questions (PQs)
• 80 Freedom of Information (FOI) and Environmental Information Regulation (EIR) requests
• 10 FOI/EIR reviews

All FOI/EIR activity was undertaken within the statutory 20 working day period.

This high level of activity demonstrates a continued level of parliamentary scrutiny and wider public interest and engagement in the ECU’s work.

It is important to note that these figures do not include everyday correspondence sent by members of ECU staff to applicants, stakeholders and members of the public to the Econsents_Admin@gov.scot inbox.

Onshore Wind Sector Deal commitments

As part of the Onshore Wind Sector Deal (agreed in September 2023), a commitment was made that from 2025 we aim to determine Section 36 applications for new sites and for the re-powering of existing operational sites within 12 months, or 24 months where there is a Public Local Inquiry (PLI).

Between January 2025 and June 2026, the ECU received 46 onshore wind applications to which the 12-month determination target applies. None of these applications have been determined yet, however we remain committed to the ambitions set out in the Deal.