Planning and Infrastructure Act 2025 - objections to energy consent applications: Ministerial letter

From: Ivan McKee, Minister for Public Finance
To:  Industry and planning authorities

Planning and Infrastructure Act 2025 - Energy Consents 

Administration of applications for consent under sections 36 and 37 of the Electricity Act 1989

The Planning and Infrastructure Act 2025 (“the 2025 Act”) received Royal Assent on 18th December 2025. Sections 19 to 25 of the 2025 Act modify the procedure for dealing with applications made to the Scottish Ministers for consents under sections 36 and 37 of the Electricity Act 1989 (“the 1989 Act”).

Section 19 of the 2025 Act amends paragraph 2 of schedule 8 to the 1989 Act.  Paragraph 2(2) of schedule 8 currently requires the Scottish Ministers to cause a public inquiry to be held in relation to applications for consent under section 36 or section 37 of the 1989 Act where a planning authority make a timeous objection unless the objection is not subsequently withdrawn or cannot be resolved by conditions or modifications.

Following the changes made by section 19 of the 2025 Act paragraph 2(2) will no longer apply to applications for section 36 or 37 consent made to the Scottish Ministers. Instead, in terms of new paragraph 2(2A) introduced by section 19 of the 2025 Act, a new reporter led examination process will apply, where a planning authority objects to an application and that objection is not withdrawn, or cannot be resolved by conditions or modifications.

These changes come into effect on 18th February 2026 and will be applicable from that date to live applications for consent under sections 36 and 37 of the 1989 Act. I clarify below how applications currently being processed will be handled in light of the changes coming into effect.

Objections by relevant planning authorities

Where a planning authority has objected to an application prior to 18th February 2026, and that objection has been made within the period provided for or agreed under regulation 8 of the Electricity (Applications for Consent) Regulations 1990, the Scottish Ministers will cause a public inquiry to be held, unless the objection is withdrawn, or cannot be resolved by conditions or modifications.

Where a planning authority has objected before 18 February 2026 to an application which remains undetermined as of that date but that objection has not been made within the period provided for or agreed under regulation 8 of the Electricity (Applications for Consent) Regulations 1990, the Scottish Ministers shall appoint a reporter to examine the application under the new provisions, unless that objection is withdrawn or cannot be resolved by conditions or modifications.

Where a planning authority objects to an application on or after the 18th of February, the new process under new paragraph 2(2A) of schedule 8 of the 1989 Act shall apply and a reporter will be appointed to carry out an examination unless that objection is withdrawn or cannot be resolved by conditions or modifications.

In any case where no objection is made by a planning authority which may require an inquiry to held by virtue of paragraph (2) or new paragraph 2A, consideration will, as is currently the case, be given as to whether it would be appropriate to cause a public inquiry to be held. 

Further guidance and consultation

Further guidance will be provided as necessary and in due course on the application process changes brought about by the Planning and Infrastructure Act 2025. The Scottish Government intends to consult later this year on additional measures enabled by the Act and which are intended to further improve the efficiency of application processing. I look forward to your engagement in that consultation.

Ivan McKee MSP
Minister for Public Finance