Electricity Act 1989 - sections 36 and 37: applications guidance

The applicant is expected to hold at least two public consultation events prior to submitting the application. The final public event should be held at least 14 days after the first public event.

The public events are to give members of the public the opportunity to make comments to the applicant as regards the proposed development.

At the final public event, the applicant should provide feedback to members of the public in respect of comments received by the applicant as regards the proposed development.

At least seven days before holding a public event, the applicant should publish on the applicant's website and in a local newspaper circulating in the locality in which the proposed development is situated a notice containing:

• a description of, and the location of, the proposed development;
• details as to where further information may be obtained concerning the proposed development;
• the date and place of the public event;
• a statement explaining how, and by when, persons wishing to make comments to the applicant relating to the proposal may do so; and
• a statement that comments made to the applicant are not representations to the Scottish Ministers and if the applicant submits an application there will be an opportunity to make representations on that application to the Scottish Ministers.

The applicant should provide the following details at the public event and publish these details on the applicant's website:

• a description of the development to be carried out;
• a plan showing the outline of the site at which the development is to be carried out and sufficient to identify that site; and
• details as to how the applicant may be contacted and corresponded with.

The applicant is expected to prepare a pre-application consultation report ("PAC Report") setting out what has been done to accord with the guidance set out above. The PAC Report should be submitted with the application.

The PAC Report should contain the following information:

• the dates on which and places where public events were held;
• a description of any additional steps taken by the applicant to consult with members of the public regarding the development;
• a list of bodies, groups and organisations who were consulted by the applicant and a description of how they were consulted;
• a description of any materials sent to consultees and materials provided to those attending public events;
• copies of any visual presentation shown or displayed at a public event, and photographs of any display boards or models at public events;
• confirmation as to whether 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 final application once it is made to the Scottish Ministers;
• 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 applicant took account of views raised during the pre-application consultation process; and
• an explanation of how members of the public were given feedback on the applicant's consideration of the views raised during the pre-application consultation process.