consenting under s36 of the electricity act
Post on 24-Jan-2016
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Lesley McNeilEnergy 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
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
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.
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.
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.
S36 Conditions Deemed Planning Conditions
Discharged By
Scottish Ministers Planning Authority
With input from....
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/)
Lesley McNeilThermal Consents and PolicyEnergy Consents and Deployment Unit0300 244 1243lesley.mcneil@scotland.gsi.gov.uk
http://www.scotland.gov.uk/Topics/Business-Industry/Energy/Infrastructure/Energy-Consents
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