Energy Consents Unit

1. Energy Consents UnitNikki Anderson – Interim Head of ECURuth Findlay – Team Leader - ECUAlan Brogan – Team Leader (Legislation and Regulation)27 February 2019

2. Energy Consents Unit • Who are we? • Where are we? • How to contact us? • What we do? • Where there is cross department interaction with DPEA • Overview of Current Generation Case Load • Necessary Wayleaves/CPOs • Wind Farms • Emerging issues • Variations • Close and Questions

3. Head of Consents Nikki Ruth Findlay Team Leader Consents Nikki Anderson Team Leader Consents Alan Brogan Team Leader Legislation and Regulation James McKenzie Case Manager Debbie Flaherty Case Manager Mark Ashton Case Manager Stephen McFadden Case Manager Theresa McInnes Case Manager Lesley Tosun Senior Case Officer Vacancy Senior Case Officer Tony Young Senior Case Officer Chris Park Senior Case Officer Josh McCormack Senior Case Officer Joyce Melrose Admin Officer Angela Doris Case Officer Carolanne Brown Case Officer Magnus Hughson Case Officer www.energyconsents.scot Econsents_admin@gov.scot

4. What We Do • Applications for consent for the construction, extension and operation of electricity generating stations with a capacity in excess of 50 megawatts (applications below this threshold are made to the relevant local planning authority); • Applications for the installation of certain overhead electric lines and associated infrastructure; • Applications for necessary wayleaves to confer rights over land to install electric lines; • Compulsory purchase orders promoted under the Electricity Act 1989; • Applications for consent for large gas and oil pipelines. • Such applications cover new developments as well as modifications to existing developments.

5. GENERATION – CURRENT CASELOAD ECU - SECTION 36 February 2019 - 75 “Applications”

6. Transmission and Distribution

7. Necessary Wayleaves – Background and Process • Statutory powers under the Electricity Act 1989 • Account for the majority of ECU interactions with the DPEA • Process guidance published by the Scottish Government in 2014 – set out process to be followed • ECU/DPEA developed efficient processes for transfer of documentation • Further improvement in process hindered by legislative restrictions

8. Necessary Wayleaves – Statistics and DPEA interactions Of the 57 outstanding, 34 are with the DPEA. Number of ‘bulk’ applications increased – transmission project timescales, large housing developments. Fair and expeditious process for all parties – sists in exceptional circumstances only.

9. Compulsory Purchase Orders • Interactions few and far between • Average of 1 case referred to DPEA per year since 2013 • Referred for Public Local Inquiry where a statutory objection is made (1947 Act) • Rights of landowner or occupier balanced against the public interest in determining whether the order should be confirmed • Other rights of licence holders - Tree Cutting Orders – no cases received to date

10. Energy Consents Unit interaction with DPEA Section 36 Applications for Onshore Wind Energy Developments_ • Process between Energy Consents Unit and DPEA and comparative process with Planning Authorities and DPEA • Section 36 Applications for onshore wind referred to the DPEA • Emerging issues for wind energy development

11. Process flow comparison

12. Onshore Wind Energy Section 36 Applications referred to DPEA 2007 - 2018

13. Emerging Issues • Scottish Government supports onshore wind energy development in appropriate locations • A challenge to industry, in partnership with Scottish Government, is to develop onshore wind in Scotland without subsidy • Section 36C Variation Applications under the Electricity Generating Stations (Applications for Variation of Consent) (Scotland) Regulations 2013 • Increase in tip height, aviation lighting

14. Variation applications – section 36C • High rate of enquiries from developers seeking to vary existing s36 consents – project viability • 8 section 36C applications expected so far in 2019 • EIA regulations amended in December 2017 • Previous update 2015 -Requirement to update guidance • Overview of updates • where proposed variations will not have significant adverse effects on the environment, then there is no requirement for the change to be subject to EIA • If EIA, report should be produced which presents the likely significant effects of the whole development as it would be if varied. • DPEA interaction • Discretionary PLI – 2 referrals to date but increase expected

15. The End…. Questions ??????