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Consenting Under s36 of The Electricity Act

Consenting Under s36 of The Electricity Act. Lesley McNeil Energy Consents and Deployment Unit. The Energy Consents and Deployment Unit. Responsibility for applications for onshore generating stations over 50 MW Team of 14 members of staff Unprecedented level of applications

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Consenting Under s36 of The Electricity Act

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  1. Consenting Under s36 of The Electricity Act Lesley McNeil Energy Consents and Deployment Unit

  2. The Energy Consents and Deployment Unit • Responsibility for applications for onshore generating stations over 50 MW • Team of 14 members of staff • Unprecedented level of applications • 9 month target determination for new applications • 41 determinations with 36 consents (2163 MW) in the last 36 months

  3. The s36 Planning Process

  4. Pre-Application • Its never too early to call Energy Consents! • Guidance for developers on our website at http://www.scotland.gov.uk/Topics/Business-Industry/Energy/Infrastructure/Energy-Consents/Guidance • The team is available to discuss your project and our requirements as early as pre-scoping. • Engaging with ECDU and other consultees early = better applications = quicker determinations

  5. Application Gate-Check

  6. Application Consultation • Draft press notices and consultation list available on ECDU website • Consultation period for all consultees (except the Planning Authority) is at least 28 days. • Consultation period for Planning Authorities is 4 months • Consultation period for members of the public is two stage – 28 days followed by an additional 28 days after the first statutory consultation response.

  7. Supplementary Environmental Information (SEI) • For the purposes of EIA SEI is entirely new information submitted in support of the application. • An SEI is an addendum to the application and requires a press notice and a further 28 days consultation period.

  8. Public Local Inquiry • An objection from the Local Planning Authority automatically triggers a Public Inquiry • Scottish Ministers also reserve the power to call a Public Inquiry where there is no objection from the LPA but they consider it appropriate to do so. • On average, referral to a PLI will add approximately 9-12 months to a determination timeframe.

  9. Determination

  10. Discharge of Conditions Deemed Planning Conditions S36 Conditions Discharged By Scottish Ministers Planning Authority With input from....

  11. Legislation and Regulations Can we work better? Main considerations for large-scale applications under… • The Electricity Act 1989 • The Electricity Works (Environmental Impact Assessment)(Scotland) Regulations 2000 • The Electricity (Applications for Consent) Regulations 1990 Can all be found in full on Office of Public Service Information website (http://www.opsi.gov.uk/)

  12. Contact Details Lesley McNeil Thermal Consents and Policy Energy Consents and Deployment Unit 0300 244 1243 lesley.mcneil@scotland.gsi.gov.uk http://www.scotland.gov.uk/Topics/Business-Industry/Energy/Infrastructure/Energy-Consents

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