Battery Energy Storage Systems: planning guidance

3 Planning and Consenting Procedure

3.1 The process for making and determining applications for Battery Energy Storage Systems (BESS) can vary depending on the scale, location, and nature of development. A clear understanding of the policy framework, application and decision-making processes, and the roles and responsibilities of different parties is essential to inform effective planning.

Application Process and Thresholds

3.2 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 should be treated as any other generating station for the purposes of deciding whether consent under the Electricity Act is required for its construction and operation.

3.3 The capacity of the project (measured in MW/GW) will determine whether an application is submitted to the relevant Planning Authority, or to Scottish Ministers.

• Planning authorities are responsible for determining applications for electricity generating stations with a capacity of 50MW or less.
• Scottish Ministers are responsible for determining applications for electricity generating stations with a capacity over 50MW under Section 36 of the Electricity Act 1989. If they grant consent under Section 36, Scottish Ministers can direct that planning permission is deemed to be granted at the same time (so an applicant does not need to make a separate planning application).

Application for Planning Permission (Proposals of 50MW or less)

3.4 For BESS projects of 50MW or less in capacity, an application for planning permission must be submitted to the relevant Planning Authority. As a matter of law^[3], all planning applications must be determined in accordance with the development plan, unless material considerations indicate otherwise.

3.5 Planning Circular 3/2022: Development Management Procedures provides detailed guidance on the procedures involved in processing planning applications, including pre-application requirements, content of applications, and determining applications.

3.6 The specific procedures by which an application will be processed are dependent on whether the proposed development is classified as “National”, “Major”, or “Local” under the development hierarchy regulations^[4].

• National Developments – are designated in NPF4. They are significant developments of national importance needed to help deliver Scotland’s spatial strategy. National Development 3 (Strategic Renewable Electricity Generation and Transmission Infrastructure) in NPF4 includes electricity storage from renewables exceeding 50MW capacity.
• Major Development – are defined by thresholds and criteria set out in Schedule 1 of the Regulations. Electricity generation stations (which includes BESS) of 20MW or greater are classed as Major Development.
• Local Development – All other development which does not fall within either National or Major classifications is a Local Development.

3.7 For Major and National Developments there are statutory requirements for pre-application consultation (PAC) with communities before a planning application can be made. Specific guidance on requirements and process is set out in Section 2 of Planning Circular 3/2022.

3.8 Where possible, applicants are encouraged to engage with the relevant Planning Authority at an early stage in project development to review specific planning requirements and processes, including utilising local authority pre-application advice services where these are available.

Application for Section 36 Consent (Proposals over 50MW)

3.9 For BESS proposals over 50MW in capacity, consent is needed under Section 36 of the Electricity Act 1989 for the construction, or extension, and operation of a generation station. Applications are determined by Scottish Ministers and processed by the Energy Consents Unit (ECU). Where Section 36 consent is granted, Ministers typically make a direction for deemed planning permission.

3.10 All applications for energy infrastructure are assessed on a case-by-case basis in accordance with applicable legislation taking into account the circumstances of each individual case, consultation responses and representations from members of the public.

3.11 Scottish Ministers assess all material considerations, including those related to environmental and community impacts, considering the balance between the impacts of the proposed development on the surrounding area, its benefits, and also the extent to which the proposed development is supported by Scottish Government policy. It is a matter for the decision-maker to take into account the circumstances of each individual case.

3.12 Scottish Government have prepared guidance on the Section 36 consent process which can be reviewed before making an application.

• How to Apply for energy consents
• Application Procedure and Publicity Requirements
• Good Practice Guidance for Applications under Section 36 and 37 of the Electricity Act 1989.

3.13 Pre-application engagement with the ECU is strongly encouraged. The first step for developers planning to submit an onshore Section 36 application is to submit a pre-application form (available from the Energy Consents website under the heading “Pre-Application - Notification of New Project Form”).

3.14 Whilst there are no statutory pre-application consultation procedures for Section 36 applications, pre-application consultation with the public is considered good practice and applicants are encouraged to have meaningful engagement at the earliest possible stage with any communities or groups who would be affected by development proposals. Specific guidance on pre-application consultation events is set out in the Good Practice Guidance for Applications under Section 36 and 37 of the Electricity Act 1989.

NPF4 and Policy Context

Development Plan

3.15 The planning system in Scotland is plan-led, which means that the Development Plan is the starting point for decisions on applications for planning permission made under the Town and Country Planning (Scotland) Act 1997. The Development Plan for any given area of Scotland consists of:

• The National Planning Framework. Scotland’s Fourth National Planning Framework (NPF4) was published and adopted in February 2023; and
• The relevant Local Development Plan (LDP). Scotland's 32 local authorities and the two national park authorities are designated planning authorities, and are required to prepare an LDP.

3.16 The planning system requires decision-makers to weigh up all relevant policies as well as relevant material considerations in applying balanced planning judgement (section 25 of the Town and Country Planning (Scotland) Act, 1997).

3.17 The status of the Development Plan is not the same in applications for Section 36 consent, and the specific requirements of the Town and Country Planning (Scotland) Act 1997 do not apply. However, NPF4 is a material consideration in the determination of Section 36 consent applications, and it is read and applied as a whole. It is for the decision -maker to determine what weight to attach to policies within NPF4 and the LDP on a case-by-case basis. The weight to be applied to all material considerations and the need for conditions to be attached to any Section 36 consent is a matter for the Minister taking the decision to consider on a case-by-case basis.

National Planning Framework (NPF)

3.18 The National Planning Framework 4, adopted in February 2023, is the national spatial strategy for Scotland. It guides spatial development, sets out national planning policies, designates national developments and highlights regional spatial priorities. NPF4 places the global climate and nature crises at the heart of decision making, and Policy 1 states that significant weight will be given to these when considering all development proposals.

3.19 Policy 11 of NPF4 sets out national planning policy in relation to all forms of renewable, low-carbon, and zero emissions technologies (including battery storage). A range of other NPF4 policies will also be relevant to BESS projects and this is a matter for the decision-maker.

3.20 Scottish Ministers have continued to reinforce that policies in NPF4 should be read and applied as a whole and that some conflict between different policies is normal and to be expected. Where a policy states that development will or will not be supported, it is in principle, and it is for the decision-maker to take into account all other relevant policies.

3.21 Where NPF4 policies refer to ‘Essential Infrastructure’ the NPF4 glossary makes clear this includes “all forms of renewable, low-carbon, and zero emissions technologies for electricity generation and distribution and transmission electricity grid networks…”. While the generation of electricity from batteries is not in itself a renewable source of energy, BESS development may be considered essential infrastructure which adds flexibility and resilience necessary to maintain secure and reliable supplies of energy.

Local Development Plans

3.22 Local Development Plans (LDP) form part of the statutory ‘development plan’, along with the NPF, and provide a framework for decision making for any given area of Scotland. Planning authorities must prepare a LDP for their area, taking into account the NPF and any registered Local Place Plans.

3.23 LDPs should take account of the overall policy approach within NPF4. NPF4 Policy 11 states that “LDPs should seek to realise their area’s full potential for electricity and heat from renewable, low carbon and zero emission sources by identifying a range of opportunities for energy development”. This could include areas appropriate for BESS.

3.24 LDPs are to include the planning authority’s policies and proposals but are not required to duplicate NPF4 policies. LDPs are expected to translate NPF4’s drivers locally, setting out the spatial implications for places and local communities. Guidance setting out the Scottish Ministers’ expectations for implementing the system of local development plans is available at: Local Development Planning Guidance.

Environmental Impact Assessment

3.25 Where a BESS development is likely to have a significant effect on the environment, due to factors such as its size, nature of the impact, or location, an Environmental Impact Assessment (EIA) will be required to support the planning application or Section 36 application. Decision makers will need to consider the characteristics of the proposed development in combination with its proposed location to identify the potential for interactions between the proposal and its receiving environment, and whether these effects are likely to be significant.

3.26 Where required, EIAs will shape both application documentation and determination timescales. Applicants are encouraged to consider at the earliest possible stage whether an EIA may be required, and request an EIA screening opinion^[5] as part of the pre-application activity with the Planning Authority or Scottish Ministers (as relevant).

3.27 BESS development may cluster around existing or planned energy infrastructures, renewable energy generation and/or data centres. In determining whether significant effects are likely, planning authorities should have regard to the cumulative effects of the proposal. See also section 4.7 on cumulative effects.

3.28 For planning applications the relevant legislation is The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. Detailed guidance on the legislation is provided in the Scottish Government’s Planning Circular 1/2017: Environmental Impact Assessment regulations 2017.

3.29 For Section 36 Consent applications the relevant legislation is the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017. Detailed guidance is provided in Scottish Government Good Practice Guidance for Applications under Section 36 and 37 of the Electricity Act 1989.

3.30 Where potential environmental effects from development are not determined to be significant and an EIA is not required, other relevant and applicable site specific assessments would still be required.

Pre-Application Engagement and Collaboration

3.31 The Scottish Government strongly encourages constructive pre-application engagement on BESS proposals. This includes discussion between the prospective applicants and decision-maker, agencies and other bodies which will have to be consulted on any subsequent planning application. Applicants are expected to take opportunities for early and direct engagement with local Community Councils or other local partnership agencies to understand local priorities, address concerns, and identify opportunities to provide local and community socio-economic benefits through proposals. Statutory pre-application consultation (PAC) with communities is in any case required by legislation for major and national developments considered under the Town and Country Planning (Scotland) Act 1997. Both non-statutory pre-application discussions and statutory PAC are intended to front-load the application process.

3.32 Effective pre-application engagement supported by a proportionate level of information and detail can provide clarity to all stakeholders, reduce conflicts, and accelerate subsequent processes of review and determination. Early engagement with decision-makers is helpful to identify issues and resolve them collaboratively, and to review the scope of supporting assessment and reporting so that this is appropriate to the nature and scale of the project and its location.

3.33 Depending on the nature of the site and/or scale of development, direct pre-application engagement with Key Agencies such as SEPA^[6], NatureScot, Scottish Water, or HES may be appropriate.

3.34 It is recognised that at pre-application stage some project information may be unavailable or subject to change, particularly around specific technologies and operational details. However, applicants are encouraged to, as far as possible, clearly set out the siting, scale, and appearance of the proposed development, and provide information on how environmental, local amenity, and relevant safety matters have been identified, considered, and addressed in the siting and design of their proposals.

3.35 For pre-application consultation with communities, BESS applicants are encouraged to anticipate and pro-actively address potential concerns around health and safety. This may include demonstrating and providing assurance on how risk avoidance has been considered and is embedded into design, as well as operational safety measures. Further information is provided in Section 4.

3.36 As best-practice in pre-application public consultation activity, applicants may also wish to provide a clear and non-technical explanation of the role BESS play in supporting net-zero as well as wider grid balancing and resilience.

Application Documentation

3.37 As best practice, documentation provided in support of BESS planning applications should provide a clear and technically robust review of the proposed development. Applicants are encouraged to use the supporting documentation to review and demonstrate understanding of local context as well as policy requirements and explain how these are positively addressed through site selection, development design, embedded mitigations, and site operational measures. Where technical information is provided, a jargon free, accessible and balanced non-technical summary is also encouraged.

3.38 While variable in the context of each project, principles for application documentation include:

• Scoping and agreeing content through early pre-application consultation and liaison.
• Ensuring technical assessment and reporting is fully coordinated across the whole project, including any off-site, temporary, or enabling infrastructure works required.
• Using plans and graphics to show clearly the siting of project elements and how these inter-relate. This would typically include BESS modules / units, electricity plant / infrastructure, site accesses and servicing, landscaping, drainage and water management, including for the access / storage of firefighting water in the event of a fire and for containment of water post firefighting.
• Providing clear description and/or plans of site environmental context and demonstration of how this has informed site selection, design, and any necessary mitigation measures.

3.39 While recognising that elements of development may be subject to change (e.g. battery technology), applications are expected to provide clear description and plans of proposed development. Applicants are encouraged to avoid providing options or deferring fundamental design and planning principles (e.g. overall layout, points of access) until later stages wherever possible.

3.40 In particular, applicants are encouraged to minimise the need for final site layout to be agreed post consent. In some circumstances there may be appropriate justification for why a final site layout cannot be provided. In these situations, as best practice, applicants are encouraged to explain why this is and seek to agree appropriate conditions with the decision-maker.

3.41 Where any micrositing^[7] is proposed, it is important that this is considered on a case by case basis and tailored to the nature and scale of the proposed development, and to the possible effects on layout and the overall visual coherence of the scheme.

3.42 Positive outcomes are best realised where applicants actively engage with planning issues, through appropriate site selection, promoting well designed development, application of the mitigation hierarchy^[8], early meaningful engagement with stakeholders, and providing comprehensive application documentation that demonstrates policy compliance.

Planning Conditions and Obligations

3.43 Conditions imposed on a grant of planning permission can enable many development proposals to proceed where it would otherwise have been necessary to refuse planning permission. Appropriate use of planning conditions can provide flexibility to applicants while maintaining control of development and ensuring the delivery of mitigation measures and other commitments.

3.44 The use of planning conditions will be considered by the decision-maker in the context of each application. Planning conditions should comply with established tests around necessity, relevance, enforceability, precision, and be reasonable in all other respects. Close regard should be had to Planning Circular 4/1998: The Use of Conditions in Planning Permissions.

3.45 It may also be appropriate to secure mitigation measures through planning obligations under Section 75 of the Town and Country Planning (Scotland) Act 1997. Further guidance is set out in Circular 4/2025 on Planning Obligations and Good Neighbour Agreements.

3.46 The planning conditions required and their specific wording and provisions will vary in the context of each site, the development proposed, and planning issues arising, as well as the level of information and detail provided within the application. There is no “one size fits all” approach. Those matters pertinent to BESS which may be necessary to be controlled through planning conditions and/or require further details to be sought might include:

• Timing of commencement of development and associated notifications.
• Operational lifetime of BESS and arrangements for future site de-commissioning and restoration. This can include defining the lifespan of the development, a strategy / plan for de-commissioning, site aftercare and environmental restoration / management (which may be prepared and approved in multiple stages over the lifetime of the development). This is typically accompanied by a requirement for a financial guarantee / bond for a sum to be determined by an independent professional and agreed between the applicant and planning authority to secure the cost of de-commissioning and restoration measures^[9].
• Details of any relevant matters not specified fully at the application stage, for example relating to archaeological works, noise, hard and soft landscaping, final drainage design and external lighting.
• Final detail of the storage technology, associated infrastructure and site layout may be required in instances where this is not confirmed at the time of the planning application, and there is appropriately justified need to maintain flexibility.

3.47 Decision makers should not seek to regulate matters which are controlled by other regulatory regimes. Further detail of other regulatory requirements is set out in Section 5.

Roles and Responsibilities

3.48 A range of bodies and authorities are involved in the assessment and determination of planning and Section 36 applications for BESS.

Decision-Makers

• Local Authorities – Act as planning authorities for their areas. Responsible for preparing Local Development Plans and determine planning applications for BESS developments of 50MW or less, and are a statutory consultee for applications requiring Section 36 consent under the Electricity Act 1989.
• Scottish Ministers – Determine applications for BESS development of over 50MW made under Section 36 of the Electricity Act 1989. The process of assessing and determining applications is administered by the Energy Consents Unit on behalf of Scottish Ministers. Information on the circumstances in which Ministers may intervene in the determination of planning applications are outlined here: Ministerial involvement in planning decisions.
• Planning & Environmental Appeals Division (DPEA) – On behalf of Scottish Ministers, the DPEA independently considers and determines appeals against planning decisions by Local Authorities, report to Ministers on called in applications, and are involved in carrying out appropriate procedure^[10] where required for Section 36 applications.

Consultees

3.49 A range of statutory and non-statutory consultees may be consulted by Planning Authorities and Scottish Ministers, depending on the location, scale, and nature of development proposed^[11]. This can include (but is not limited to) SEPA^[12], NatureScot^[13], Historic Environment Scotland^[14], Scottish Water, local Community Councils, and a range of internal consultees and advisers, such as officers specialising in Environmental Health, Roads, Flooding & Drainage, and Landscape / Natural Heritage. Scottish Fire and Rescue Service (SFRS) are not a statutory consultee for planning applications or Section 36 applications. Further information on SFRS’s role is available in Section 4 and Section 5 of this guidance.