Electricity Act 1989 - sections 36 and 37: applications guidance

This good practice guidance sets out the procedure for applications for onshore generating stations and overhead lines under sections 36 and 37 of the Electricity Act 1989, where the development concerned is development requiring environmental impact assessment.

10. Glossary

Applicant: Any person, company or organisation submitting a section 36 or section 37 application to Scottish Ministers.

Deemed Planning Permission: The decision of Scottish Ministers, on granting consent under the Electricity Act, to direct that planning permission for a proposed development shall be deemed to have been granted under section 57(2) of the TCP(S)A.

Environmental Impact Assessment (EIA): an assessment of the likely significant environmental effects arising from the proposed development.

Environmental Impact Assessment (EIA) report: Document submitted by the applicant to support their application. This is the result of an EIA and is an unbiased consideration of the potential environmental impacts of their proposal.

Planning statement: Document submitted by the applicant describing how their proposal accords with local and national planning policy. This can be used to present the case in favour of a proposal, and as such must be kept separate from the EIA report.

Representation: Views (positive or negative) on a proposed development communicated to the ECU or to Scottish Ministers by any third party.

Scoping opinion: The opinion of Scottish Ministers as to the content which should be included in a forthcoming EIA report. This document does not provide comment on the merits, or otherwise, of the proposal, but details the minimum information that Scottish Ministers must be provided with in order to adequately consider any application.

Scoping report: Report provided by the applicant detailing their initial proposals, the work to be undertaken and the possible effects of those proposals on the environment. This document should include a plan sufficient to identify the site which is the subject of the proposed development. This document is consulted upon and the results of this consultation provide the basis of the scoping opinion.

Scoping request: Request made under the EIA Regulations to the Scottish Ministers for a scoping opinion. It will be accompanied by a scoping report which will be duly consulted upon.

Section 36 / Section 37 application: An application made for the construction, extension and operation of an electricity generating station or for the installation of an overhead electric line under the Electricity Act.

The Electricity Act: The Electricity Act 1989.

TCP(S)A: The Town and Country Planning (Scotland) Act 1997

The EIA Regulations: The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017.


Email: Econsents_Admin@gov.scot

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