Onshore Electricity Generation: Consultation on increasing the threshold for applications under The Electricity Act – Partial Business And Regulatory Impact Assessment (BRIA)
This Partial Business and Regulatory Impact Assessment (BRIA) estimates the costs, benefits and risks linked to increasing the 50MW threshold which determines whether applications for onshore electricity generating stations are decided by Scottish Ministers or by the relevant planning authority.
Executive summary
This partial BRIA considers the effect on businesses of increasing the 50MW threshold which determines whether applications for electricity generating stations are made to Scottish Ministers or planning authorities.
Increasing the 50MW threshold is likely to impact on energy developers, primarily from the renewable energy sector, as they submit applications to construct and operate their projects. Impacts are also expected on the Scottish Government’s Energy Consents Unit (ECU) and local authority planning departments, as they process and determine such applications. There may also be impacts on the Scottish Government’s Planning and Environmental Appeals Division (DPEA) should this change give rise to more planning appeals.
The proposals have been developed following engagement and consultation with key stakeholders. Most notably, our February 2024 Investing in Planning consultation invited views on whether the 50MW threshold should be altered, whether different thresholds should apply for different technologies, and on the likely resourcing implications of increasing the threshold. A full summary of responses to the consultation can be found online. Broadly speaking, views were mixed with public sector, third sector and community groups generally in favour of change, whilst industry, including property and the land management sector, represented the majority of those not in favour.
Officials undertook further informal engagement in July and August 2025 including with representatives from industry bodies, COSLA, and planning authorities.
Our proposals have also been informed by the analysis of data from the Renewable Energy Planning Database (REPD) on the profile of projects currently in the system. Our Planning Application Statistics show the latest determination timescales for planning applications.
Increasing the 50MW threshold is likely to vary the fee payable by businesses for submitting applications for energy developments. A broad analysis of projects within the 50MW – 150MW capacity range shows that, in certain instances and drawing on current fee levels, applications for onshore wind may become more expensive for developers – while applications for solar and hydropower projects would become significantly cheaper. Our engagement with industry suggests that the cost of applying for planning permission is considered in most cases to be a small part of the overall cost of development.
Under current arrangements, planning authorities are assigned a voluntary contribution, amounting to 50% of the fee paid to Scottish Ministers for applications made under the Electricity Act 1989, so that they can undertake work to consider the application as a statutory consultee. Increasing the 50MW threshold would allow planning authorities to attract the full fee for considering more applications in their role as a determining authority. Planning Authorities have indicated that limited additional resource is required to determine a planning application compared to the significant work undertaken by planning authorities in their role as a statutory consultee on Electricity Act applications, and that determining more such applications might bring in greater fee income.
Engagement with industry highlights that some developers value the strategic oversight and perceived sense of priority afforded to projects which are subject to centralised decision-making within the Scottish Government. Our National Planning Framework 4 nevertheless gives clear priority to Strategic Renewable Electricity Generation and Transmission Infrastructure which is classed as a significant development of national importance (National Development 3). Data shows that some developers are submitting applications just below the 50MW threshold, suggesting that some developers may also prefer to submit applications to the relevant planning authority.
The overall recommendation in this BRIA is that Scottish Ministers should consult on increasing the 50MW threshold to 100MW or 150MW and this could be implemented for some or all technology types. This change will support greater local decision making aligned with Verity House Agreement principles; can help to reduce duplication in our dual consenting regimes so that full consideration is given only once at the local level without the need for consideration to also be given by central government[1] (unless on appeal), whilst ensuring the largest scale applications continue to be considered at the national level.