Battery Energy Storage Systems: planning guidance

5 Other Regulatory Regimes

5.1 As noted elsewhere in this guidance, it is an established principle that the planning system does not seek to duplicate other regulatory regimes. In addition to requiring planning permission, there are a range of other regulatory regimes and requirements which also apply to the construction and operation of BESS, in particular around health and safety, fire risk, and pollution control. Anyone who designs, installs or operates BESS has a legal responsibility to comply with this legislation. This section signposts to other legislation and responsibilities. It should not be viewed as an exhaustive list.

5.2 The Health & Safety Executive (HSE) is the UK regulator of health & safety matters (including process fire precautions^[22]), and SEPA is Scotland’s principal environmental regulator. The Scottish Fire and Rescue Service (SFRS) also have a role in the regulation of fire safety (general fire precautions^[23]). Together with the Scottish and UK Governments, these organisations continue to review and monitor the regulatory regime to ensure that a robust framework is in place for BESS.

5.3 Further guidance on the regulatory role of these organisations for BESS is provided on their respective webpages:

• Health and Safety Executive (HSE).
• Scottish Environment Protection Agency (SEPA)
• Scottish Fire and Rescue Service (SFRS)

5.4 While not necessarily a legislative requirement in all circumstances, it is advisable for operators to provide relevant signage, including 24/7 Emergency Contact Information in a suitable and visible location in the site. Clear on-site signage identifying hazards and key features (water tanks, isolation points, drainage cut-offs) is also encouraged. Details of any site access arrangements, such as key codes, should also be provided to the SFRS.

Fire Safety

5.5 Under the Fire (Scotland) Act 2005, site dutyholders^[24] are responsible for ensuring general fire precautions aimed at the protection of life of relevant persons working on the premises are met. This includes ensuring a comprehensive approach to fire risk assessment and necessary implementation plans are in place by suitably qualified/competent persons. Further detail on how to comply is set out in Scottish Government’s Practical Fire Safety Guidance for Existing Non-residential premises.

5.6 For the avoidance of doubt, technical data concerning fire risk reduction measures, outputs of systems, materials and design used, overall fire loading expectations and fire spread to support design should be derived from specialist fire engineers, fire risk assessors, and/or product experts whilst ensuring compliance with minimum industry standards and design requirements. (see The DESNZ Guidance).

5.7 Fire safety matters related to process fire risks are covered under separate HSE legislative frameworks which developers and owners must understand and comply with. Further detailed guidance is provided on HSE’s webpage.

Dangerous Substances

5.8 The Dangerous Substances (Notification and Marking of Sites) Regulations 1990 (NAMOS) requires the operators of sites which hold 25 tonnes or more of a dangerous substance to notify SFRS in writing, and to display signs. While many lithium-ion BESS developments may not exceed this threshold, operators should assess whether the quantity of electrolyte or other dangerous substances triggers these requirements, ensuring appropriate notification and signage as part of site safety management. Further guidance is provided on the HSE website: Dangerous Substances (Notification and Marking of Sites) Regulations 1990 (NAMOS) - HSE

5.9 The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) require employers to identify the risks posed by dangerous substances (which are substances that may be explosive, flammable, or oxidising) in the workplace. Employers must put in place measures to remove and/or mitigate risks to the safety of employees and others. Further information is provided on the HSE website: DSEAR Regulations - HSE

Electrical Safety

5.10 The Electricity at Work Regulations 1989 require precautions to be taken against the risk of death or personal injury from electricity in work activities. Further information is provided on the HSE website: The Electricity at Work Regulations 1989 - HSE

5.11 The Electricity Safety, Quality and Continuity Regulations 2002 impose requirements regarding the safe installation and use of electrical networks and equipment.

Workplace Health and Safety

5.12 The Health and Safety at Work etc. Act 1974 places legal duties on employers to manage risks to employees, other workers and the public. Further information is provided on the HSE website: Health and Safety at Work etc Act 1974 - HSE

5.13 The Management of Health and Safety at Work Regulations 1999 require employers to identify potential risks to employee health & safety and appropriately manage them.

Construction Safety

5.14 The Construction (Design and Management) Regulations 2015 set requirements to ensure the whole construction project is carried out in a way that secures health and safety. Further information is provided on the HSE website: The Construction (Design and Management) Regulations 2015 - HSE

5.15 Further detail on construction safety and relevant regulatory requirements is set out on HSE’s webpage. Specific guidance is also provided on process fire risks.

Waste Management and Decommissioning

Grid-scale BESS are defined as industrial batteries under The Waste Batteries and Accumulators Regulations 2009^[25]. The regulations require that they must be sent to an approved battery treatment operator or an approved battery exporter. Distributors are obliged to take back waste cells free of charge when requested by the end user. BESS applicants are encouraged to consult with proposed battery suppliers at an early stage to establish their processes for take-back and recycling, and to ensure as far as possible that these schemes (or equivalents) will be available at the predicted end of site life.

5.16 Decommissioning is likely to generate controlled waste streams and operators must comply with the Duty of Care for waste, including secure storage, transfer only to authorised persons, and appropriate written descriptions and transfer documentation for all waste movements. Where materials are classified as Special Waste or where waste is exported from the UK, further proceeds apply. Further information is available on at on SEPA’s Authorisations and compliance webpages.

Other Health and Safety and Environmental Regulations

5.17 The Control of Major Accident Hazards Regulations 2015 apply to dangerous substances as classified by the Classification, Labelling and Packaging Regulations 2008. As part of the Competent Authority for the Regulations as applied to dangerous substances, it is HSE’s opinion that lithium-ion batteries are considered to be articles, rather than substances, and therefore do not fall within the COMAH regulations.

5.18 Hazardous Substances Consent (HSC) regulates the presence of hazardous substances to ensure risks to people and environment are properly addressed in land use planning. The list of relevant substances and controlled quantities is set out in Schedule 1 to the Planning (Hazardous Substances) Regulations 2015.

5.19 The Environmental Authorisations (Scotland) Regulations 2018 (EASR) bring together processes for authorising, enforcing, and managing activities that may impact the environment. This includes water, waste management, and industrial activities. Battery systems are not included as an industrial activity under EASR, although the regulations may apply to construction, surface water discharge, drainage, and water abstraction and impoundment. Further guidance on the applicability of environmental regulations to BESS is provided on SEPA’s BESS webpages.

Generating Licence

5.20 Under the Electricity Act 1989, certain activities, including the generation of electricity in Great Britain, require a licence from Ofgem (the independent energy regulator). Licensees are required to comply with Ofgem’s industry codes and standards and must follow applicable license conditions. Further detail on the process of applying for an energy licence is set out on Ofgem’s webpage.