Scottish and UK Governments launch consultation to streamline Energy Project Planning in Scotland

29/10/2024

The UK and Scottish governments have jointly launched a consultation on proposed changes to improve the planning system for large energy projects in Scotland. The consultation, which opened on October 28, 2024, aims to reform outdated legislation and streamline the process for determining energy infrastructure consents.

Key Proposals

The proposed reforms seek to address several issues in the current planning system:

  1. Pre-application requirements: New standardised processes for both onshore and offshore developers to engage with local communities and stakeholders before submitting an application.
  2. Appeals process: Standardising the appeals process with set criteria for challenging decisions and a 6-week time limit for raising objections.
  3. Public inquiries: Reforming the automatic public inquiry process triggered by Planning Authority objections, which currently takes an average of 18 months and has cost the Scottish Government £1.9 million since 2021.
  4. Consent modifications: New powers allowing the Scottish Government to revoke, suspend, or vary consents for energy infrastructure projects under specific circumstances.
  5. Wayleave applications: Introduction of fees for developers submitting wayleave applications to place overhead lines on private land, similar to practices in England and Wales.

The current system, based on legislation from 1989, can take up to four years to approve large electricity infrastructure projects in Scotland. This prolonged process creates uncertainty for investors and communities, potentially leading to higher costs for consumers. In contrast, similar projects in England and Wales typically take about half as long to be determined, thanks to previous legislative reforms.

Energy Minister Michael Shanks emphasised Scotland’s potential in contributing to the UK’s clean power goals, stating, “Scotland has huge potential to propel the UK towards our clean power by 2030 goal, with its natural resources, energy expertise and highly skilled workforce”.

SSE, a major energy company, has commented on the consultation. Chief Executive Alistair Phillips-Davies said:

“We welcome the joint review of electricity infrastructure consenting in Scotland and the commitment of the UK and Scottish Government’s to ensure a robust, timely and proportionate process which meaningfully involves communities and relevant authorities.

“Planning delays are not in anyone’s interests, whether from the point of view of local jobs and investment, the uncertainty caused to communities, or of course in relation to critical national infrastructure projects that are essential to delivering a cleaner, more secure and affordable energy system for current and future generations.

“We therefore look forward to engaging with this opportunity to support the modernisation of the consenting arrangements in Scotland, to help achieve the energy security and decarbonisation targets of Scotland and the UK as a whole.”

SSE has a current £20bn+ investment programme to 2027 focused on mission-critical clean power infrastructure including renewables, flexibility and electricity networks.

The consultation will run for four weeks, concluding on November 26, 2024. Following the consultation process, the UK government plans to introduce the necessary legislation as soon as Parliamentary time allows.

This initiative represents a significant step towards modernising Scotland’s energy infrastructure planning process, potentially unlocking a pipeline of clean energy projects and supporting the UK’s broader clean power and energy independence objectives.

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