Hydrogen: planning and consenting guidance

1. Introduction

The purpose of this document is to set out the key processes and requirements involved in the planning and consenting of hydrogen projects of all scales across Scotland. This document has been produced in the context of the Hydrogen Action Plan (2022) and Scottish Government’s ambitions for hydrogen to play an important part in our net-zero future. It is intended to provide comprehensive guidance to all stakeholders that will enable a more streamlined and effective planning and consenting process to support sustainable growth of the hydrogen economy.

1.1. Hydrogen Guidance: Legislative and Policy Context

The Scottish Government has committed to achieving net zero greenhouse gas emissions by 2045, as set out within the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 and reflected in the Climate Change Plan (2018-2032 - Update).

Achieving net zero will involve significant innovation and transition to green energy technologies. Hydrogen will be a key component of this, particularly for energy-intensive industries, sustainable fuel production and activities which are challenging to fully electrify such as long-distance transport low-carbon dispatchable power and long duration energy storage.

A strong policy framework for growing hydrogen production is now established through Scottish Government’s Hydrogen Policy Statement (2020), Hydrogen Action Plan (2022) and Hydrogen Sector Export Plan (2024) and through National Planning Framework(NPF4) which gives support to renewable, low-carbon and zero emissions technologies including hydrogen.

There is now considerable ambition and active development interest for low-carbon and renewable hydrogen projects in locations across Scotland. A number of pilot, demonstrator and innovative commercial projects have now been submitted and approved through the planning system and others are actively engaging with planning authorities and other agencies at pre-application stages.

To build on this and further support the sustainable growth of the hydrogen sector, Scottish Government has committed to providing Guidance that is specific to the regulatory, planning and consenting framework around hydrogen.

1.2. Purpose of Guidance

The core purpose of the Guidance is to assist operators and developers in navigating planning and consenting processes for hydrogen projects of all scales across Scotland. It should help operators and developers to identify:

• What consents and licences are required for a hydrogen project – depending on its scale, nature, and location.
• The key reporting and consultation requirements, and other steps involved in the planning and consenting process for a particular project.
• The key issues to be considered in planning for hydrogen projects and how these can be addressed through a strong focus on pre-application engagement and collaboration.

The Guidance is intended to draw together key information, processes and requirements from different regulatory regimes into a single guide.

The Guidance recognises that renewable and low-carbon hydrogen is a growing sector and that consenting issues or uncertainties may arise as a range of projects emerge. It therefore encourages a proportionate, positive and collaborative approach between developers and consenting authorities – with strong emphasis on pre-application engagement.

1.3. Scope of Guidance

The primary focus of this Guidance is towards the consenting processes for new Renewable (green) and Low-Carbon (blue) hydrogen projects and associated infrastructure which may include transportation or storage. ‘Grey’ hydrogen production from natural gas (methane) involves significant unabated carbon emissions and is not considered further in this guidance^[1]. As set out in the Hydrogen Action Plan (2022), Scottish Government does not support new hydrogen production where CO2 is unabated

The Guidance relates to the following planning, consenting, permitting, licensing and compliance processes and how they apply to hydrogen projects.

• Planning permission and Environmental Impact Assessment (EIA). Planning permission will generally be required from the relevant planning authority^[2] for hydrogen projects (except offshore) and relevant requirements under the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 will also apply^[3]. Guidance on planning permission and EIA is provided in Sections 3 and 4.
• Hazardous Substances Consent (HSC). HSC controls are designed to regulate the presence of hazardous substances so that they cannot be present at or above controlled quantities without consent, or unless an exemption to the need for consent applies, from the relevant planning authority. This is to ensure risks to people and environment are properly addressed in the land use planning process. HSC is required in certain circumstances, which include where two or more tonnes of hydrogen are present on a site. Guidance on HSC is provided in Section 6.
• Controls of Major Accidents & Hazards (COMAH)^[4]. The COMAH Regulations seek to limit the consequences of major accidents from high hazard industries and apply to all projects storing more than 5 tonnes of hydrogen (or aggregated quantity with other dangerous substances^[5]). In Scotland, COMAH is regulated by a joint Competent Authority (CA, Health and Safety Executive (HSE) acting with the Scottish Environment Protection Agency (SEPA)). There is a general duty to implement all measures necessary (AMN) to prevent major accidents and limit the consequences for human health and the environment, and demonstrate to the CA that is has taken AMN. Guidance on COMAH is provided in Section 5.
• Environmental Permitting. Authorisation of industrial emissions activities and activities affecting the water environment moved to the Environmental Authorisations (Scotland) Regulations 2018 (EASR) on 1 November 2025. Industrial activity (formerly Pollution Prevention Control - PPC permits) and water abstraction (formerly Controlled Activity Regulations - CAR) authorisations are administered by SEPA to regulate and control emissions to the environment and authorise certain industrial activities with potential for environmental impacts. Industrial activity requirements will be a relevant consideration for all hydrogen projects and water authorisation will be required for works which may affect the water environment such as abstraction. Guidance on EASR authorisations is provided in Section 7.
• Offshore Consenting. The construction of works to provide offshore hydrogen production will involve a different set of regulatory processes from land-based projects. A marine licence is required for ‘Licensable Marine Activities’ in the marine environment^[6] such as marine construction works and deposits. Other approvals and considerations are also relevant and guidance on offshore requirements is provided in Section 8.

1.4. Using this Guidance

The Guidance is primarily intended for developers of hydrogen projects, but may also be used by decision-makers and wider consultees. It provides a starting point and consolidated guide to the different processes involved and the roles and responsibilities of key stakeholders. It should be used to inform and support a pro-active approach to engagement early in project development with clear understanding of key issues to be considered and addressed.

This Guidance brings together a range of pre-existing guidance and advice produced by Scottish Government, planning authorities, SEPA, HSE, and Marine Directorate.

Within the Guidance links to useful and relevant resources prepared by these bodies and agencies are provided in blue text and should be referred to for additional detail.

The Guidance will be a ‘live’ document that may be periodically revised as policy, regulatory and legislative changes emerge. Technologies and operational models for hydrogen projects will also continue to develop and innovate, bringing new consenting considerations that may require an update to Guidance.

1.5. Key Principles

While involving well established and safely operable technologies, the production of renewable and low-carbon hydrogen remains a new mode of development for which relatively few projects have advanced to consenting and/or licensing stage. Issues or uncertainties may emerge as projects come forward and it will be important for applicants, decision-makers, and consultees to take a proportionate, positive, and collaborative approach to resolving these.

Applicants are encouraged to follow the below key principles to support a more effective and streamlined process, irrespective of project scale, location and specific consenting requirements.

Pre-Application Engagement

Across all consenting, licensing, permitting and compliance processes – pre-application engagement by developers is a key priority and strongly encouraged. Effective pre-application engagement, supported by proportionate level of information, can de-risk and accelerate determination processes.

Pro-active engagement with planning authorities, regulatory bodies, and wider stakeholders should look to identify key issues early in the process and resolve these collaboratively. This can include addressing pre-conceptions around hydrogen development, ensuring local views are understood and inform project development, and reviewing the scope of documentation and supporting technical information so that it is appropriate to the nature of the project and its location.

While recognising that at pre-application stages some project information may be unavailable or subject to change, prospective applicants should seek to clearly set out the siting, scale and appearance of the proposed development, core processes and feedstocks involved, and early identification, consideration and response to potential environmental and safety issues.

Developers are required by legislation to undertake formalised pre-application consultation with communities on applications for planning permission for proposals which are classed as ‘national’ or ‘major’ developments. For offshore projects (0-12 nautical miles), pre-application consultation is required under The Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013 (legislation.gov.uk)

Application Documentation

Reporting and information provided in support of hydrogen projects should at all times seek to provide a clear and technically robust review of the proposed development. It should show detailed review and understanding of local context as well as policy/regulatory requirements and how these are positively addressed. While variable in the context of each project and its consenting requirements, best practice for application documentation can include:

• Scoping and agreeing content through early pre-application consultation and liaison.
• Providing a ‘Non-Technical Summary’ overview of proposed development.
• Ensuring technical assessment and reporting is fully coordinated across the whole project – including any off-site, temporary or enabling infrastructure works required.
• Using plans and graphics to show clearly the siting of key project elements and how these inter-relate – which may include specialist plant (e.g. electrolysers), site access & servicing, water and power supply infrastructures, SUDS, and site landscaping.
• It should be noted that the provision of an adequate sustainable water supply is likely to be a fundamental part of any hydrogen production activity and should be considered at an early stage. Please note comments in other parts of the guidance about source and quantity of supply.
• Providing clear description and/or plans of environmental context and demonstration of how this has informed site selection, design, and any necessary mitigation measures.

Depending on the nature and complexity of proposals, it will be appropriate in many instances to involve specialist consultant support to advise on and prepare documentation for key planning, environmental, and health & safety matters.

Communicating Impacts & Benefits

Knowledge and understanding of hydrogen can vary considerably across stakeholder groups. It is important for developers to communicate positively the need for, and benefits of, hydrogen projects at a local and site-specific level as well as their contribution to national net-zero emissions targets.

This could include explanation of site suitability for hydrogen development, details of how hydrogen will be stored, used, or distributed, and - where relevant - its contribution to local de-carbonisation of heat, transport or industry and reduction of emissions where appropriate. The potential for local benefits beyond net-zero carbon should also be communicated – which may include landscape and biodiversity enhancement delivered as part of development, direct job-creation and economic investment, or regeneration of brownfield land.

Positive communication also means being open and transparent around potential for impacts of development as well as benefits, and clearly demonstrating how these have been considered and addressed in accordance with the mitigation hierarchy (avoid, minimise, restore, offset).