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
69 days to respond
Respond online
Scottish Ministers’ role in planning applications under the Planning Act
The primary responsibility for the operation of the planning system and service lies with local and national park authorities, but there can be some occasions when the Scottish Government will become involved in the planning application process.
Scottish Ministers have a general power to intervene in the determination of a planning application and call in an application to take on the decision-making role themselves. This power is exercised by giving a direction under section 46(1) of the Town and Country Planning (Scotland) Act 1997 requiring an application to be referred to them instead of being dealt with by the planning authority. Further information on the circumstances in which Ministers may consider it appropriate to give a direction under section 46(1) of the Planning Act are set out in Planning applications call-in: Ministerial statement – 28 June 2023.
In cases where an application for planning permission has been refused, or not decided within statutory timeframes, developers have the right to appeal to Scottish Ministers. The vast majority of appeals are considered and decided by reporters working in the Scottish Government’s Department for Planning and Environmental Appeals (DPEA).
A very small number of appeals are not delegated to reporters for decision; but instead are 'recalled' by Scottish Ministers who will then make the final decision themselves. In those cases, the appeal will still be examined by a reporter, who will then write a report and make a recommendation for Ministers to consider before they make their decision. Ministers do not have to agree with the reporter's recommendation.