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

10. Decision Stage

Determination

For all priority applications (including those which have been subject to a public inquiry), Energy Consents Unit will make a submission to Ministers with a draft decision letter for the application no later than 48 weeks after the date of the application.

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 from the general public, the reporter’s report if applicable, and any other material information, in making the decision.

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. In reaching their decision, the Scottish Ministers will determine applications in accordance with legislative requirements, taking into account relevant policy.

The Scottish Ministers ambition is that they will aim to issue their final decision on the application no later than 52 weeks after the date of the application.

When a decision is made, the Scottish Ministers will send the decision notice to the Applicant, and will send 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.

Post Determination Procedures

The Planning Authority must make a copy of the decision notice available for public inspection. This is usually via the Council’s website.

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.

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.

Any petition for a judicial review requires to be submitted within three months of the date of the decision letter being issued by the Scottish Ministers.