Hydrogen: planning and consenting guidance
Guidance setting out the key processes and requirements involved in the planning and consenting of hydrogen projects of all scales across Scotland.
Footnotes
1 Other forms of production such as turquoise hydrogen (via methane pyrolysis) or generating hydrogen from waste / biomass are not specifically considered at this stage, though many of the principles and processes outlined in guidance will remain relevant irrespective of the mode of hydrogen production.
2 The planning authority is the council for the area in which development is proposed, except in the area of the Loch Lomond and the Trossachs National Park (LLTNP) where the LLTNP Authority is the planning authority for the purposes of planning applications.
3 SSI 2017/102, as amended. The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (legislation.gov.uk)
4 COMAH is not a consent or licence in the same manner as other regimes covered in this guidance, but is an ongoing process of compliance with Regulations and standards for hazard management. COMAH Establishments are required to prepare notifications and detailed reporting which is often completed in parallel to other planning, hazardous substances, and environmental permitting requirements and is therefore included within the scope of this Guidance.
5 Control of Major Accident Hazards (COMAH) Regulations 2015, Schedule 1.
6 From Mean High Water Springs to 200 nautical miles offshore.
7 The planning authority is the council for the area in which development is proposed, except in the area of the Loch Lomond and the Trossachs National Park (LLTNP) where the LLTNP Authority is the planning authority for the purposes of planning applications.
8 National Planning Framework 4 - gov.scot (www.gov.scot)
9 See SEPA’s Planning Triage Framework for details of how and when to consult SEPA.
10 NatureScot will offer planning-related advice on European sites (Special Protection Areas, Special Areas of Conservation and candidate sites), Sites of Special Scientific Interest, National Nature Reserves, peatland and carbon rich soil, protected species, National Scenic Areas or Wild Land Areas.
11 HES will offer planning-related advice on category A listed buildings and their setting, scheduled monuments and their setting, Inventory battlefields, Inventory gardens and designed landscapes, World Heritage Sites and Historic Marine Protected Areas.
12 Crown Estate Scotland (CES) are a devolved entity responsible for Scottish coastline and associated sea-beds. CES is now separate from The Crown Estate (TCE). Any references within this document through linked documents now refer to Crown Estate Scotland. Please seek clarification if in any doubt.
13 The COMAH Regime does not apply offshore. Some of the health and safety regulations that apply offshore can be found in Section 9 of this Guidance.
14 For COMAH, an “establishment” is defined as the whole site/location under the control of an operator where a dangerous substance is present in one or more installations, including common or related infrastructures or activities, at or above the thresholds in Schedule 1. An operator must consider all activities which might be relevant to major accidents within the establishment. This includes not just the installations that handle dangerous substances but also the related infrastructure such as pipework and activities such as traffic movement which could be relevant to a major accident, plus those that could be initiated by external factors (eg an incident at adjacent unrelated site, weather event like flooding moving vessels, vehicle impact including trains and aircraft, etc).
15 “Safety” in safety management system (SMS) needs to be read as “process safety” and includes safety for people and the environment.
16 Start of operation means the point at which the site’s inventory of dangerous substances first meets or exceeds the COMAH threshold limit. Note that pre-construction is before any construction, even for an activity that may be built in stages.
17 This would include where an existing non-COMAH site or Lower Tier Establishment increased its inventory of dangerous substances to become an Upper Tier Establishment.
18 Directive 2010/76/EU. The most recent set of amendments to the IED made by Directive (EU) 2024/1785 (IED 2.0) are not implemented in the UK.
19 Best available techniques means the most effective and advanced stage in the development of activities and their methods of operation, which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole.
20 Required where the permit will authorise an activity that involves the use, production or release of a relevant hazardous substance as defined by article 3 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, such as hydrogen.
21 The general principles are that industrial activities should be operated in such a way that all appropriate preventative measures are taken against pollution (in particular through application of BAT) and that no significant pollution is caused. The additional general principles are that installations should be operated in such a way that waste generation is prevented and waste generated is dealt with in accordance with the Waste Hierarchy, that energy is used efficient and that necessary measures are taken to prevent accidents and limit their consequences, and that upon final cessation of activities, necessary measures are taken to avoid pollution risk and return the site to a satisfactory state.
22 ‘Inland water’ includes all standing or flowing water on the surface of the land (other than transitional water) and all groundwater, within the landward limits of coastal water.
23 ‘Coastal Water’ is water between the three-mile limit and the limit of the highest tide, or the seaward limit of transitional water.
24 ‘Transitional water’ is water, other than groundwater, in the vicinity of river mouths that are partly saline as a result of their proximity to coastal water but which are substantially influence by freshwater flows.
25 In addition to an authorisation for the abstraction activity, The construction and operation of a borehole (if required) which will be or is intended to be greater than 200m in depth would also require a CAR authorisation. Boreholes equal to or less than 200m require registration.
26 The application form and details required are the same for Simple and Complex Licences, though different charges apply. SEPA have prepared a Charging Scheme Calculator, FAQ and Guidance to explain their Charging Schemes.
27 Such as a Special Area of Conservation (SAC), Special Protection Area (SPA), a site of special scientific interest (SSSI), marine protected area (MPA) or a National Scenic Area (NSA).
28 Any proposal to construct, extend or operate a generating station with a generation capacity in excess of 1 megawatts (MW) situated in the Scottish territorial sea (out to 12 nautical miles from the shore), or with a generating capacity in excess of 50 MW in the Scottish Offshore Region (12 to 200 nautical miles), will require consent.
30 In the Gas Safety (Management) Regulations ‘gas’ means any substance in a gaseous stage which consists wholly or mainly of methane.
31 Full detail of the hierarchy of development and relevant thresholds are set out in Planning Circular 5/2009: hierarchy of developments. Where development does not fall wholly within a single class of ‘Major’ development or is a mixed-use project the relevant thresholds will be a building of ≥5,000 sqm or the area of the site is more than 2 hectares.
32 The construction of a cross-country pipeline carrying hydrogen greater than 10 miles (16 kilometres) requires authorisation from the Scottish Ministers under the Pipe-lines Act 1962.
33 Subject to capacity and commercial arrangements, water supply from Scottish Water may be suitable for hydrogen production in some locations, however Scottish Water is not obligated to supply water for industrial purposes. Its primary duty is to supply wholesome water for domestic purposes. In the event of water scarcity this supply may not be available.
34 The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
35 Except offshore projects situated more than 12 nautical miles from shore, beyond which the industrial activity authorisation regime does not apply.
Contact
Email: aleksandra.brokman@gov.scot