Onshore electricity generation - Electricity Act threshold: consultation

Technologies considered under Section 36 of the Electricity Act 1989

Applications made under the Electricity Act 1989 which Scottish Ministers determine cover a broad range of technologies including:

Onshore Wind

Onshore wind is a relatively cheap and reliable source of electricity generation, with Scotland's resource and commitment seeing us lead the way in onshore wind deployment and support across the UK. As indicated above, recent years have seen changes in the scale and generation capacity of onshore wind turbines.

Information from the Renewable Energy Planning Database (REPD) shows that during Q2 2025 there were a total of 43 S36 applications for onshore wind between 50 – 99.99MW and 31 of 100MW or above. See Annex A for further information.

Solar Photovoltaics

Solar power is an established renewable technology in Scotland, and will play an important role in the net zero energy transition. Solar photovoltaics (PV) are used to generate electricity and may be roof mounted, or ground mounted for larger arrays.

Information from the Renewable Energy Planning Database (REPD) shows that during Q2 2025 there were a total of 6 S36 applications for solar between 50 – 99.99MW and 1 of 100MW or above. See Annex A for further information.

Battery Energy Storage Systems (BESS)

Battery storage will play a role in the future energy mix of Scotland and offers fast responding, dispatchable power when required. BESS can play an important role in managing the variability and intermittency of renewable energy sources, balancing the grid and enhancing security of supply.

As set out in the Chief Planner letter of 27 August 2020, the Scottish Government considers that a battery installation generates electricity. As a result, a battery installation is treated as any other generating station for the purposes of deciding whether S36 consent is required for its construction and operation.

Information from the Renewable Energy Planning Database (REPD) shows that during Q2 2025 there were a total of 15 S36 applications for BESS between 50 – 99.99MW and 30 of 100MW or above. See Annex A for further information.

Pumped Storage Hydro (PSH)

Pumped Storage Hydro (PSH) is a method of storing energy by pumping water uphill to a reservoir, then releasing it downhill to generate electricity when needed.

Information from the Renewable Energy Planning Database (REPD) indicates that, during Q2 2025, there were 4 live applications for PSH schemes. 3 of these applications were for projects with a generation capacity in excess of 200MW and 1 project had a capacity of between 100MW and 149.9MW

Hydropower Schemes

Run-of-river hydropower is a type of hydroelectric generation that utilizes the natural flow of a river to produce electricity, with little to no water storage. Information from the Renewable Energy Planning Database (REPD) indicates that, during Q2 2025, 2 hydropower projects were under consideration in Scotland. Both of these projects were of a ‘local’ scale with a generation capacity of less than 20MW.

Bioenergy

Bioenergy is a low-carbon energy type which uses organic matter (biomass) to make fuel or generate electricity.

Information from the Renewable Energy Planning Database (REPD) indicates that, during Q2 2025, 2 applications for biomass projects were under consideration in Scotland. These projects were both determined by local authorities.

Energy from Waste (EfW)

NPF4 policy 12 sets out that development proposals for energy-from-waste facilities will not be supported except under limited circumstances. In instances where a planning authority is minded to grant permission for an energy-from-waste facility, the Energy from Waste Direction (2021) requires that Scottish Ministers are notified. This gives an opportunity for Scottish Ministers to consider whether to ‘call-in’ such applications for their own determination.

Information from the Renewable Energy Planning Database (REPD) indicates that, during Q2 2025, 1 application was under consideration in Scotland. Historically, applications for EfW have included proposals for development with a range of generating capacities from approximately 10 to 55 MW.

Mixed development / co-location

Developers proposing projects featuring a mix of different electricity generation technologies must calculate the overall maximum generation capacity of their development so as to determine whether an application for Section 36 consent or a planning application is required. It is possible that changing the 50MW threshold could lead to some behaviour change, perhaps for developers to either combine different technologies within a single project so as to meet an increased threshold, or to bring forward applications individually to fall below the threshold.

Other technologies

Where applications come forward for any other form of generating station, the amended threshold would also apply. This could include proposals for emerging storage technologies that will be required to balance supply and demand of the electricity network in Scotland, or for which the Scottish Government has a policy of no support, such as nuclear power or oil and gas fuelled power stations.