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

Appendix 1 (Separate Attachment)

SSEN Transmission, SP Energy Networks and the Scottish Government - A Network for Net Zero – Consenting Pathways for 2030 Report (18 January 2023).

Recommendations and actions to accelerate consenting timescales for grid networks

Legislative changes - the Scottish Government and the transmission operators are seeking changes to UK legislation relating to the removal of a mandatory public inquiry and, when inquiries are held, setting out in legislation the relevant procedures, including statutory timescales for determination of applications and variations to section 37 applications. This recommendation is currently being progressed with the UK Government in parallel to a review of the existing powers within Scotland to amend procedures, where possible:

• Continue engagement with the UK Government to support the recommendations in the ENC report and to amend legislation to 1) remove requirement for mandatory public inquiry when a planning authority objects, 2) include variation to section 37 consents (dependent on UK Government – high priority).
• Review powers within the control of Scottish Government to 1) review activities under the exemption and permitted development regulations, 2) review land rights process (medium/long term, high priority).

Improved statutory consultee engagement – Transmission operators and statutory consultees to closely engage at the early routing and application stage of projects:

• Guidance to be prepared that sets out expectations from Transmission operators and statutory consultees at the stages outlined in Figure 2 (short term, medium priority).
• Set out a programme of strategic engagement between Transmission operators, ECU and statutory consultees to review priorities and key milestones of forthcoming projects (short term, medium priority).

Increase and develop resources – a well-resourced ECU, DPEA, relevant planning authorities and statutory consultees with experienced staff are critical to accelerating the decisions on grid applications:

• Review Transmission projects requirements to 2035 to ensure provision of appropriate internal resource availability within the Scottish Government ECU and statutory consultees to support consenting timelines (medium term, medium priority).
• Explore a central specialist resource for planning authorities and statutory authorities to assist with accelerating consultation responses (medium/long term, medium priority).

Prioritisation of applications and timeframes for statutory consultee responses - Transmission operators to inform ECU of priority applications through pre-application engagement and update of the strategic programme, to ensure details of future applications is robust. Recommendation would be for guidance to set out the protocol and timescales for all parties involved:

• Transmission operators to provide portfolio of key milestones (and prioritisation) for applications to progress (short-term, high priority).
• Align prioritisation with guidance above to improve engagement with statutory consultees and clearly define timescales for consultation responses with the presumption of no extension requests to statutory consultation timescales (short-term, high priority).

National awareness raising - Implement a National Awareness campaign setting out the need for grid infrastructure and policy drivers:

• Transmission operators, the Scottish Government and the UK Government to deliver a coordinated national awareness campaign setting out the need, process and policy support for tackling climate change and the critical grid infrastructure improvements required to meet net zero targets (short/medium term dependent on UK Government; high priority).

Review ECU current working practices and procedures of all stakeholders - Review of ECU internal processes to make efficiencies and develop resources where required. Opportunity to work with planning authorities, other statutory consultees and prepare guidance, where relevant:

• Review current practices and procedures to identify expectations and responsibility for ECU, statutory consultees and transmission operators in supporting accelerated consenting (short/medium term, high priority).
• Clearly set out the process timescales for full and complete applications when submitted, and the significant delays that can occur where there is insufficient or additional information required through the application process (short/medium term, high priority).
• Ambition to determine section 37 applications (with or without public inquiry) for National Development within 12 months (medium term).

Streamline the public inquiry process, compulsory purchase order (CPO) and necessary wayleave processes - Aim to achieve a maximum one-year period for the entire inquiry process for a grid application. Recommendation to review barriers and improvements that would reduce the timescale for inquiries, CPOs and necessary wayleaves. Engagement with DPEA required and options for consideration include guidance for all parties involved and potential changes to UK legislation:

• Review of current DPEA practices and procedures to reduce associated scope and timescales for public inquiries, CPO and necessary wayleaves (short/medium term, high priority).
• Review land rights procedures and opportunities within the control of the Scottish Government (short/medium term, high priority).

Technology improvements - Advances with technology to streamline processes within ECU such as submission of applications, processing of representations and record keeping of applications:

• Review opportunities for new software to aid streamline processes for recording and monitoring the application process (medium/long term, high priority).