Electricity Act 1989 - sections 36 and 37: applications guidance

8. Decision stage

8.1. Determination

8.1.1 When the application is ready to be determined (either with or without a public inquiry taking place), the Scottish Ministers will consider all relevant material available to them before making any decision on an application. The Scottish Ministers shall take into account the application documentation, EIA report, additional information if applicable, consultation responses, representations and any other material information in making the decision.

8.1.2 The merits of each proposal are considered on a case by case basis, and a careful balance must be struck between the potential impacts of the proposed development and the associated environmental, economic, renewable energy and climate change benefits.

8.1.3 In reaching their decision, the Scottish Ministers will determine applications in accordance with legislative requirements and relevant policy. The time taken to process the determination will depend on the complexity of the individual case.

8.1.4 When a decision is made, the Scottish Ministers will send the decision notice to the applicant, and a copy to the planning authority, the other consultation bodies and any other public bodies consulted on the EIA report. The Scottish Ministers will also publish a notice containing the terms of the decision on the ECU website. The planning authority must make a copy of the decision notice available for public inspection. The applicant must also publish a notice on the application website, in the Edinburgh Gazette, and in a newspaper circulating in the locality of the proposed development. Details of the requirements relating to decision notices, monitoring measures and notification of decisions are set out in Part 7 of the EIA Regulations.

8.1.5 Although the decision of the Scottish Ministers is final, it is subject to the right of any aggrieved person to apply to the Court of Session for a judicial review of the decision.