Transmission Networks Short Life Working Group: consenting timescales review - September 2023

4. Current Legislative and Policy Context

4.1 The Scottish Ministers are responsible for determining applications for consent for certain overhead lines under section 37 of The Electricity Act 1989, and such applications are processed on behalf of Scottish Ministers by the ECU. The main legislation applicable for these applications are as follows:

• Electricity Act 1989;
• Town and Country Planning (Scotland) Act 1997 in relation to the ability for the Scottish Ministers to direct that planning permission shall be deemed to be granted for the development under section 57(2);
• The Electricity (Applications for Consent) Regulations 1990; and
• The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017.

4.2 Decision-making on consenting for national energy infrastructure is executively devolved to the Scottish Ministers, though the underlying process is set in UK legislation, as matters pertaining to transmission and distribution of electricity are reserved. Land use planning is, otherwise, a matter that is legislatively devolved. Consideration is given to possible ways to review this position to accelerate delivery of section 37 consents in Scotland through changes to UK legislation and changes within the powers of Scottish Ministers.

4.3 The Electricity (Applications for Consent) Regulations 1990 sets out the procedural requirements for submitting section 37 applications and contains the regulation requiring planning authorities to object to a section 37 application within a two- month period, unless otherwise agreed in writing with Scottish Ministers and the applicant.

4.4 Other relevant legislation includes the Overhead Lines (Exemption) (Scotland) Regulations 2013 and the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, which allow for the consenting of grid network applications, subject to compliance with a set of defined conditions.

4.5 National Planning Framework 4 ("NPF 4") was adopted by the Scottish Ministers on 13 February 2023. The national policy document sets out the national importance and need for renewable generation in Scotland and the need for supporting transmission infrastructure. NPF4 is central to the successful delivery of net zero targets.