Electricity Act 1989 - section 36 applications: guidance for applicants on using the design envelope

1. Introduction

1.1. This guidance has been prepared by Marine Scotland (MS) and the Energy Consents Unit (ECU) and explains how the design envelope (also known as the 'Rochdale Envelope') assessment approach may be applied in the context of applications received for generating stations under section 36 of the Electricity Act 1989 (the 'Electricity Act'). This guidance also provides background to the relevant case law and environmental impact assessment (EIA) practice that has developed in this area.

1.2. This guidance suggests ways to address uncertainty where it exists and allow sufficient flexibility where required to enable the consideration of a proposed development, and in particular the use of a flexible approach in the EIA.

1.3. Section 36 applications must comply with the legislative requirements set out in: the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017; the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (applying to inshore waters); and the Marine Works (Environmental Impact Assessment) Regulations 2007 (applying to offshore waters) (together the 'EIA Regulations'). The EIA Regulations include requirements relating to the information that must be included in an EIA where projects require EIA.

1.4. More general good practice guidance on onshore applications under the Electricity Act is available at the following link: Energy consents - Energy infrastructure. Guidance on offshore applications under the Electricity Act is available at the following link: Marine Scotland Consenting and Licensing Guidance.