Priority Applications for Transmission Infrastructure guidance: Section 37 of the Electricity Act 1989

1. Introduction

Purpose and Background

This guidance sets out the procedure for priority applications for consent to install overhead line transmission infrastructure under section 37 of the Electricity Act 1989 (“Electricity Act”).

Priority applications – definition and rationale

This guidance has been written in consultation with the two principal Applicants for consent to install overhead lines in Scotland at a voltage of 132kV or more. The definition of priority applications has been agreed between those Applicants and the Scottish Government. ‘Priority Applications’ refer only to applications which are a priority within the group of applications made by the transmission companies SPT and SSEN Transmission under section 37 of the Electricity Act 1989. A definition of these and the rationale for according these applications priority status is set out under each definition:

1. “Strategic Transmission Infrastructure - Strategic Transmission infrastructure projects increasing system capacity or security of supply”

Rationale: these projects facilitate large scale power transfer at a strategic scale supporting the delivery of net zero ambitions and ensuring energy security.

2. “Generation connections - Projects connecting generation where the connection would be for multiple generation sites; or for single generation sites where section 36 consent or planning permission for the generating station has been granted”

Rationale: these projects will help to secure connections for low carbon generation to meet net zero ambitions (focusing on maximising generation connections with greater certainty on delivery)

Using this Guidance

The guidance provides direction on all steps of the process for priority applications, but not all steps will be applicable to each scheme depending on the scale, location, anticipated impact etc. Figure 1 sets out the pre-application stage from Submission of a Pre-Application Notification to Application Submission. Figure 2 sets out the application stage from the point of application submission to the decision being issued. A more detailed process maps is included in Appendix 1 of this document:

Graphic text below:

Step 1 – Submission of Pre-Application Notification

Step 2 – EIA Screening. Step 2 can take up to 90 days

Step 3 – Determination of whether the project is EIA Development. If it is EIA Development Move to Step 4. If it is not EIA Development move to Step 6.

Step 4 – EIA Scoping. Step 4 can take up to 9 weeks.

Step 5 – Scoping Opinion Issues

Step 6 – Procedural Gatecheck. This happens 1 month before Step 7

Step 7 – Application Submitted.

Between Step 1 and Step 7 there is pre-application consultation with the community, Energy Consents Unit and consultees (including the relevant Planning Authority / authorities).

Graphic text below:

Step 1 – Happens at week 0 in the process – Application Submitted

Step 2 – Happens at week 2 in the process – Public notices published.

Step 3 – Happens between week 3 and week 10 – Consultation period for Statutory Consultees and General Public. This includes the consultation period for the Planning Authority. The Planning Authority can submit either No Objection or an Objection.

Step 4 – Happens at week 12 in the process – Seek Position Statement from applicant and other parties

Step 5 – Happens at week 13 in the process – Position Statements Received. Decision is made to either Hold a Public Inquiry (Move to Step 6a) or not hold a public inquiry (Move to Step 6b).

Step 6a – Happens between weeks 15 and 46 – Public Inquiry. Move to step 7

Step 6b - Happens between weeks 15 and 46 – Consideration by ECU. Move to Step 8.

Step 7 – Happens at week 46 in the process – Report of Inquiry sent to ECU.

Step 8 – Happens at week 48 in the process – Submission to Ministers

Step 9 – Happens at week 52 in the process – Decision Issued