Beaw Field Wind Farm planning permissions: EIR release

Information requested

1. Status of deemed planning permission(s). Please confirm, as a matter of fact and law:

a) Whether the 2017 deemed planning permission lapsed on 30 November 2022; and b) Whether the 2023 deemed planning permission lapsed on 30 November 2024;

If not, please identify the Ministerial decision or other legal basis on which any deemed planning permission remains extant, and provide copies.

2. Commencement evidence. Please confirm whether the Council received any Notice of Initiation of Development or other evidence of Commencement of Development (as defined by section 27 of the 1997 Act and the Ministers’ decisions) before 30 November 2022 and/or before 30 November 2024 and provide copies of all such notices and supporting records.

3. Council decision in June 2024. Please:

a) Provide the statutory basis on which the Council considered it could extend the commencement deadline to 30 November 2026 for a deemed planning permission directed by Ministers;

b) Provide the officer report(s), legal advice, and any correspondence with the Energy Consents Unit that informed that decision; and 

c) Confirm whether the Energy Consents Unit or Scottish Ministers were notified and whether the Council holds any Ministerial direction or variation issued after February 2023 in relation to Beaw Field.

4. Engagement with the developer. Please confirm whether, since 30 November 2022 and separately since 30 November 2024, any discussions, meetings or correspondence have taken place between SIC officers and Statkraft (or their agents) and any other stakeholders regarding:

a) Submitting a new application for the Beaw Field site or a materially similar proposal; and/or

b) Seeking a new deemed planning permission via any section 36/36C route.

Where engagement has occurred, please provide: dates, participants, the general purpose of each discussion, and whether any formal steps have been taken (EIA screening/scoping, pre‑application advice, any Planning Performance Agreement or other processing agreement, or any Proposal of Application Notice under the Town and Country Planning route).

For all items, please provide electronic copies. If you consider any information to be excepted under EIR(S) 2004, please provide the remainder and explain the exception(s) relied upon. If the Council does not hold some information, please confirm that explicitly.

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

The Energy Consents Unit (ECU) noted that your request was addressed to Shetland Islands Council however we have provided some information in response to your request.

I shall address each of your points in turn:

Point 1 - Some of the information you have requested is enclosed within Annex A.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because:

• An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

In summary, Energy Consents officials confirmed on 20 June 2022, an extension to the implementation period for the Section 36 consent was granted by Ministers to 30 November 2024, however this extension was not applied to the deemed planning permission which would lapse on 30 November 2022.

Energy Consents officials confirm on the 30 June 2022 the Company submitted an application under Section 36C supported by an EIA Report, to vary the section 36 consent and requesting a direction that a new deemed planning permission be granted.

Energy Consents officials confirm on 10 February 2023, Scottish Ministers varied the consent under Section 36C of the Electricity Act 1989 and granted a fresh deemed planning permission and that ‘Commencement of development’ must be begun not later than 30 November 2024.

Energy Consents officials confirm Scottish Ministers set out in a direction dated 13 February 2024, extending the implementation date of the Section 36 consent to 30 November 2026. However, the eemed planning permission would lapse on 30 November 2024 - See Annex A.

Energy Consents officials note Shetland Island Council’s decision dated 17 June 2024 granting permission under Section 42 to Amend Condition 5 of the deemed planning permission 'Commencement of Development' to Extend the Date of Implementation to 30 November 2026, is such that a new and separate planning permission now exists for the Beaw Field wind farm development. See link: 2024/030/VCON | Application under section 42 to amend Condition 5 (Annex 2, Part 1, Deemed Planning Permission 2022/184/ECUCON) 'Commencement of Development' to extend the date of implementation to 30th November 2026 | Beaw Field Wind Farm Burravoe, Yell ZE2 9BA

Points 2, 3 & 4 - While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.

The ECU can confirm it does not hold:

• any correspondence or written confirmation from the Company of the intended date of the ‘Commencement of Development’
• any record of a notification by Shetland Islands Council of its decision of June 2024. (As set out in Annex A ECU can confirm a direction was issued to both the Company and Shetland Islands Council dated 13 February 2024 extending the implementation date of the Section 36 consent to 30 November 2026).
• any documents since 30 November 2022 and separately since 30 November 2024 of any discussions, meetings or correspondence have taken place between SIC officers and Statkraft (or their agents) and any other stakeholders regarding: a) submitting a new application for the Beaw Field site or a materially similar proposal; and/or b) Seeking a new deemed planning permission via any section 36/36C route.)

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have.

This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in this information, clearly, we cannot provide information which we do not hold.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

EIR 202500480807 - Information Released - Annex A

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