Onshore electricity generation - Electricity Act threshold: consultation
We are seeking views on increasing the 50MW threshold which determines whether applications for onshore electricity generating stations are decided by Scottish Ministers or by the relevant planning authority.
Open
72 days to respond
Respond online
Scottish Ministers’ role in determining applications under the Electricity Act 1989
The consent of the Scottish Ministers is required under Section 36 of the Electricity Act 1989 for the construction and/or operation of generating stations of a capacity which exceeds 50MW in Scotland.
When an application for consent is received, under applicable legislation Scottish Ministers must consult with statutory consultees, comprising of the relevant planning authority, NatureScot, Scottish Environmental Protection Agency (SEPA) and Historic Environment Scotland. A range of other organisations are consulted, including community councils. Ministers are also required to invite representations from members of the public.
Once all information is received, Ministers must consider the application and environmental information, and balance all material considerations including those raised in objection, before making any determination.
If a consent has been granted to a developer under the Electricity Act 1989, any change in ownership or operation of the generating station can only be done under the approval of, and by way of assignation by, the Scottish Ministers.