Planning process
What is the the planning and Environmental Impact Assessment
(EIA) process
The majority of onshore renewable energy proposals represent
development and require planning consent, unless they constitute
permitted development.
Offshore renewable energy developments are subject to a
different consenting process.
Significant onshore renewable energy proposals, such as
significant biomass proposals and the majority of wind farm
proposals, will need to be the subject of an Environmental Impact
Assessment (EIA) as they fall within the definition of 'Schedule 2'
development under The Town and Country Planning (Environmental
Impact Assessment) (Scotland) Regulations 2011.
What are Schedule 2 Projects?
Schedule 2 developments are defined as:
- major developments which are of more than local importance
- developments which are proposed for particularly
environmentally sensitive or vulnerable locations
- developments with unusually complex and potentially hazardous
environmental effects.
Any 'thermal' biomass power stations with a heat output of 300
megawatts would fall under Schedule 1 of the same EIA Regulations,
under which EIA would be mandatory. However, it is not anticipated
that any such installations are likely to be built in the UK in the
near future.
Hydroelectricity proposals which include the construction of
dams or other installations for the permanent holding back or
permanent storage of water, where a new or additional volume of
water held back or stored would exceed 10 million cubic metres,
would also fall under Schedule 1 of the EIA Regulations.
Has the Scottish Government produced any advice?
The Scottish Government has produced the following advice
notes containing detailed information about the EIA Regulations and
renewable energy developments:
Preparing a planning application
What should developers do if they want to make an
application?
It is advisable for developers to contact us at an early
stage in the selection and design of potential sites.
In the case of wind energy, proposals can take the form of a
planning application for wind monitoring masts, used to help in the
assessment of potential sites. Such consultation can usefully
inform initial stages of the EIA screening and scoping process.
They can also help us assess the potential acceptability of
specific proposals, particularly their compatibility with the
relevant development plan.
When should the public be made aware of the proposal?
Public consultation
Where a proposal is likely to be potentially contentious, early
dialogue and consultation with the general public can be a useful
way of spreading information about particular projects. It can also
help to counter both uncertainty and misconceptions regarding the
nature and impacts of particular proposals.
A public consultation is also a useful means of identifying
legitimate public concerns about particular proposals, so that
these can be addressed both in the detailed design of submitted
proposals, and in associated, supporting information.
What is EIA screening?
Where there is a possibility that an EIA may be required for a
proposal, or where it is anticipated that a Schedule 2 proposal may
not have sufficiently significant adverse effects to warrant an
EIA, developers should formally request a screening opinion from
us. The purpose of a screening opinion is to inform the developer
as to whether or we consider that a proposed development such as a
wind farm or biomass power station constitutes EIA development,
based on the selection criteria in Schedule 3 of the EIA
Regulations.
What happens if the developer does not agree with our
opinion?
Should the developer disagree with our screening opinion, then a
screening direction can be requested from the Scottish
Ministers.
The process of requesting and issuing a screening opinion
provides an excellent opportunity to focus on the significant
issues relating to a proposal.
Do all developers ask for a screening opinion?
Many developers do not ask for screening opinions where they
believe that a particular development will require an EIA.
Obtaining such an opinion is, however, useful as they set out the
our or Scottish Ministers' opinions as to why an EIA is required
under Schedule 3 of the EIA Regulations.
What is EIA scoping?
If an EIA is required, a developer can request a 'scoping
opinion' from the LPA under Schedule 4 of the EIA Regulations. This
request seeks the LPA's opinion as to the information to be
supplied within the proposed Environmental Statement (a scoping
opinion).
What should the request include?
This request should include:
- a plan sufficient to identify the land in question
- a brief description of the nature and purpose of the
development and of its possible effects on the environment
- other information or representations the person making the
request may wish to provide or make.
How long will it take to issue the opinion?
We should provide a scoping opinion within five weeks of
receiving such a request, unless a longer period has been agreed in
writing with the person making the request.
What sorts of data collection is required?
Following agreement as to the scope of an Environmental
Statement, developers can finalise the scope of the information
required to undertake any necessary EIA. Such information
frequently relates to an assessment of the project's potential
impacts on landscape, visual, ornithological, ecological, and noise
as well as impacts on local transport infrastructure, particularly
during construction in the case of wind farms, and in the
transportation of fuel in the case of biomass power stations.
Who should be involved?
The collation of the raw data required to undertake an EIA
should happen in consultation with the relevant statutory
consultees. This will make sure that a competent application is
submitted without any data gaps that could otherwise delay
assessment and determination.
What's required in the the production of Environmental
Statements?
Schedule 4 of the relevant EIA Regulations sets out the
information required for inclusion within Environmental Statements.
This should include a description of the proposal, a description
and assessment of its likely significant effects (rather than all
identifiable effects) and a description of any proposed
mitigation.
Environmental Statements generally consist of a non-technical
summary, a main report and sometimes a separate volume of plans and
figures. Some Environmental Statements are also accompanied by a
Planning Statement or equivalent document, setting out the relevant
national and local planning context within which the proposal in
question will be determined.
Dealing with planning applications for renewable energy
What sorts of proposals are coming forward?
Throughout much of the UK, the most significant and
controversial renewable energy proposals in the foreseeable future
are likely to relate to proposals for wind energy development. And
this is also the case in Perth & Kinross.
In addition to wind, it is likely that proposals for biomass
generation will increase in number as the technology matures and
feedstock production increases. Smaller proposals for ground-source
heat, domestic solar/photovoltaic panels and domestic wind turbines
are also likely to increase in number as they become more widely
available and costs come down.
Who deals with the planning applications?
The majority of planning applications for renewable energy
developments are dealt with by us. However, responsibility for
authorising new electricity generation plants over 50 megawatts and
new hydro plants over 1 megawatt, under Section
36 of the Electricity Act, lies with the Scottish Ministers.
Decisions are reached, based on an assessment of the project
against the relevant development plan and input requested by us or
Scottish Ministers, from a variety of consultees. Appeals against
refused applications are heard by the Scottish Government's
Directorate for Planning and Environmental Appeals.
Where can I find more information?
You can find further information in the
Scottish Planning Policy document.
Submission of application
What's required when an application is submitted?
When submitting an application, applicants should provide the
appropriate fee and sufficient copies of any supporting information
for statutory consultees. In particular, it is important to make
sure that site boundaries are correctly identified as some forms of
renewable energy development can include works outside the main
site, for example highway improvements necessary to allow the
delivery of large turbine components. These should all be
identified.
You can find a
checklist of issues that should be covered in an application
here.
Determination
How long will it take to determine an application?
After receiving a valid planning application, we have eight
weeks in which to determine the proposal, unless an extension in
time is agreed with the applicant. After this period, if no
decision has been made or there is no agreement to an extension in
the determination period, then the applicant can appeal against
non-determination.
Applications accompanied by an EIA should be determined
within four months.
What about planning conditions and legal agreements?
We have the power to attach conditions to planning
permission. This ability allows it to approve development proposals
where it would otherwise be necessary to refuse planning
permission. However, we will only impose conditions that,
in our opinion, are necessary, relevant to planning, relevant
to the development being permitted, precise, enforceable and
reasonable in all other respects.
Where can I see examples of planning conditions?
You can view a selection of an
illustrative list of planning conditions [PDF:
141Kb] attached to actual renewable energy projects
here.
Such agreements can, for example, require developers to:
- address TV reception issues
- provide decommissioning bonds
- undertake off-site roads improvements
- establish community funds
- undertake habitat enhancements
