Hydrogen: planning and consenting guidance

Annex D – Issues to Consider During the Regulatory Process

• Planning Policy
  • Description - Planning applications must be determined in accordance with the development plan, which includes National Planning Framework 4 and the relevant Local Development Plan, unless material considerations indicate otherwise.
  • Best practice Considerations - A Planning Statement can be prepared providing an appraisal of the proposed development against the relevant policy framework and any material planning considerations.
• Design and Layout
  • Description - Development proposals should be designed to improve the quality of an area whether in urban or rural locations and regardless of scale.
  • Best practice Considerations - Development proposals should be well considered in the context of the surrounding area. The design of projects and mitigation measures will address potential impacts on residential amenity, sensitive uses and the natural and historic environment, and will give consideration to any cumulative impacts arising.
• Noise, Lighting, Odour etc
  • Description - Hydrogen production, storage and transportation can take place continuously over 24 hours. Potential impacts on communities and individual dwellings e.g. visual impact and noise linked to hydrogen production operations should be considered and addressed.
  • Best practice Considerations - An Air Quality Assessment, Noise Impact Assessment or Health Impact Assessment may be requested where the nature of the proposal or its location in relation to sensitive receptors suggests that significant effects are likely. Impacts during both construction and operation should be considered and mitigation measures should be incorporated early in the design stage. Planning authorities may consider applying conditions limiting the operational hours of a hydrogen production facility.

• Access, Transport and Vehicle Movements
  • Description - Facilities will often require infrastructure for the transportation and delivery of hydrogen and hydrogen products. Where hydrogen or other materials must be transported from road, impacts on road traffic and on adjacent trunk roads, including during construction will need to be addressed. Consideration should be given to the cumulative impact of vehicle movements, particularly in rural or remote locations, where hydrogen development may be co-located to existing grid infrastructure or renewable energy development.
  • Best practice Considerations - Sustainable transport options for the transportation of hydrogen are to be encouraged, these may include using gas pipelines, rail freight or shipping. Where the proposed development is likely to generate a significant increase in traffic movements, it may be helpful to undertake a Transport Assessment. An adequate means of access capable of taking articulated vehicles should be provided. Planning authorities may consider applying conditions covering the noise, quantity and timing of deliveries and pick-ups where there are anticipated issues with neighbouring residential amenity.

• Drainage, Water Supply and Water Pollution
  • Description - Depending on scale hydrogen production requires hydrogen production requires a high volume of water and understanding the right water source is a key component of any project. It is important to consider early in the design process what permission(s) and licence(s) will be required to facilitate connection. Treated effluent should be the first source considered, followed by seawater then surface water. The treated public supply should be the last option, with minimisation and reuse being considered and highlighted. The developer should be aware of any seasonal disruptions in water supply – the impacts of climate change are likely to result in increased periods of water scarcity as well as flooding. Storage of water should also be considered. Obtaining an appropriate water supply for a hydrogen project may require works that are remote from the main development site. Where possible, this should be presented and consulted upon as a whole, taking into account all infrastructure including water supply. Neighbouring private water supplies can be affected not just by the abstraction or sourcing of water to serve a proposed hydrogen development, but by built development on a site. The relevant local authority environmental health department will be able to provide further advice. The use of chemicals may be required as part of facilities for the purification of water needed for hydrogen production or for the conversion of hydrogen or carbon dioxide into other products. Potential environmental impacts will need to be carefully managed. The site layout should be designed to minimise watercourse crossings and direct impact on water features.
  • Best practice Considerations - Developers should ensure water is used as efficiently as possible and consideration should be given to the potential for effects on private water supplies, drinking water supplies, ecology and the wider water environment. Consideration should be given to any potential pollution risks associated with the operation of the facility, ensuring that adequate preventative measures and mitigation are in place. SEPA’s Pollution Prevention Guidelines include environmental good practice advice for applicants. Section 7 provides further information on environmental permitting (EASR authorisation). Pre-treatment of water to allow for the demineralised standard required for most electrolysers is likely to give rise to a concentrated effluent and assessment of the impact on the receiving environment will be necessary to ensure it is being discharged in an appropriate manner. A plan should be prepared showing all proposed temporary or permanent infrastructure overlain with all watercourses. Ideally this will include a minimum buffer of 10m around each watercourse. A Drainage Strategy can be helpful in setting out the proposed surface water drainage measures and the treatment and disposal of wastewater. Impacts on existing private water supplies (those not provided by Scottish Water) should be considered through the design process and relevant documentation provided to the planning authority. A Pre-Development Enquiry can be submitted to Scottish Water to request a response relating to the drainage or water demands of your site. This should be done early in the development process to avoid any unexpected issues associated with water abstraction. In some instances a Scottish Water Feasibility Study on the right water source for a project might be required. SEPA's Flood Risk Standing Advice should be referred to for advice on flood risk unless the proposals involve land raising.

• Landscape and Visual Impact
  • Description: A hydrogen facility can include different components of plant equipment and supporting infrastructure across a large site area. Hydrogen facilities are typically industrial in appearance and can comprise warehouse buildings, ‘modular’ containers, and taller elements such as electrolyser stacks, storage vessels, and water tanks. There is a potential for water vapour plumes to appear as hydrogen is produced. Landscape and visual impacts should be addressed where relevant and appropriate mitigation applied.
  • Best Practice Considerations: Hydrogen production facilities should be sited together with compatible land uses where possible. Landscape and visual impacts can be minimised through the compact siting of individual development components and taking into account potential impacts on residential amenity, sensitive uses and the natural and historic environment. A Landscape and Visual Impact Assessment may be required where the nature of the proposal or its location in relation to sensitive receptors suggests that significant effects are likely. The appearance of hydrogen production facilities can be softened and/or screened by incorporating landscape proposals. Mitigation measures should be incorporated early in the design stage.

• Ecology and Biodiversity
  • Description: NPF4 sets out national planning policy which aims to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. Hydrogen production requires a high volume of water and depending on the nature of the site and water environment, this increased water consumption could impact on Groundwater Dependent Terrestrial Ecosystems (GWDTEs). Selection of water supply should also take account of potential prohibition of raw water transfer between catchments in order to prevent spread of invasive non-native species.
  • Best Practice Considerations: Scottish Government has produced Draft Planning Guidance: Biodiversity to support the delivery of NPF4 policies which support the outcome 'improving biodiversity'. Ecological Surveys should be undertaken at suitable times of the year and following appropriate methodologies. Depending on the sensitivity of a site, detailed assessment and evaluation, along with prediction of impacts and mitigation proposals where required, should be provided in order to fulfil legislative requirements or in line with relevant best practice. A GWDTE Assessment may be required where present to assess the potential impacts of the proposals on those habitats. Where relevant, a Biodiversity Action and Enhancement Plan should be provided to detail biodiversity enhancement and mitigation measures identified through the updated ecological survey work.

• Archaeology and Cultural Heritage
  • Description: Consideration should be given to potential impacts on historic assets and places.
  • Best Practice Considerations: An assessment of impacts on historic assets and/or places may be required in cases where potentially significant impacts are likely. Any such assessment will need to be based on an understanding of the cultural significance of the historic asset and/or place, and should identify the likely visual or physical impact of any proposals for change, including cumulative effects. It should provide a sound basis for managing the impacts of change.
• Health and Safety
  • Description: Hydrogen is classed as a ‘hazardous substance’ and under the hazardous substances consent controls and a ‘named substance’ under the Control of Major Accident Hazard (COMAH) regulations. These have separate consenting/regulatory requirements, however the HSE and SEPA should be consulted on hydrogen planning applications in line with the The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, as amended.
  • Best Practice Considerations: Developers should demonstrate appropriate design safety principles have been adopted and embedded throughout the planning and design stages. The HSE will consider the compatibility of potential major accidents at the proposed development with existing development in the vicinity e.g. sensitive developments (hospitals, care homes, schools); dwellings (if close by or many) and the presence of the general public (close by or many in number). Further information is provided in Section 5 (COMAH) and Section 6 (HSC). Land use planning (LUP) – public safety advice - HSE

• Ground conditions
  • Description: Where land is known or suspected to be unstable or contaminated development proposals need to demonstrate that the land is, or can be made, safe and suitable for the proposed new use. Hydrogen facilities may be co-located with windfarms in some instances. Excavation and management of construction spoil and waste (particularly peat) should be considered, to protect the water environment and to minimise potential disturbances to the soil carbon balance.
  • Best Practice Considerations: Ground conditions reporting may be required, including detailed site investigation prior to construction. The local authority is the primary regulator for the contaminated land regime and should be the first point of call for contaminated land issues. SEPA is the enforcing authority for special sites and radioactive contaminated land. Where relevant NPF4 sets out national planning policy for development proposals on peatland, carbon-rich soils and priority peatland habitat. SEPA provide advice on the avoidance, minimisation, and use of peat, and carbon rich soils in areas disturbed by construction activities. NatureScot provide guidance on development proposals on peatland, carbon-rich soils and priority peatland habitat.

• Zero Waste
  • Description: Heat, water vapour and oxygen are common by-products of hydrogen production that can be used sustainably elsewhere. Opportunities may arise to site hydrogen developments in a way where resources can be shared, and by-products can be utilised amongst neighbouring developments. Waste heat, for example, can be minimised through its recovery and distribution through heat networks.
  • Best Practice Considerations: A Heat and Power Plan can be prepared to demonstrate how energy recovered from the development will be used to produce electricity and heat.

• Construction Impacts:
  • Description: Construction works can cause temporary impacts on people and the environment. These can arise from several sources, including the operation of plant and machinery and the movement of heavy vehicles and can create noise, dust and loss of amenity. Authorisation under the Controlled Activity Regulations may be required if works are likely to impact a water course – see section 7 for more information.
  • Best Practice Considerations: Where relevant a Construction Environmental Management Plan (CEMP) should be prepared setting out a framework within which the development site will be managed during the construction period to ensure any impacts are minimised.