Applications under the Electricity Act 1989: fees charged

Introduction of fees for variations to consents

Certain electricity generating stations cannot be constructed, extended or operated without a section 36 consent, however, section 36 does not provide for consents to be varied after they are granted. The insertion of a new section 36C into the Electricity Act 1989 introduced a procedure for applications to vary section 36 consents and for planning permission to be deemed in connection with such applications. Following this, regulations came into force on 1 December 2013 which provide for variation applications to take place.

The determination of applications to vary section 36 consents is a function for which Ministers do not currently charge any fee. This process closely mirrors the section 36 application process in that it is likely to requires the production of an environmental report and assessment of the likely significant effects of the proposed development. Given the nature of applications that we have received under the Electricity Generating Stations (Applications for Variation of Consent) (Scotland) Regulations 2013, we now consider it necessary to introduce a fee for these applications.

We consider that the fee payable with a request for variation should be based on what the final installed capacity of the development would be as varied. We consider this should apply whether the consent for which a variation is sought is for a stand-alone generating station or an extension to a generating station.