Windfarms

Electricity generating proposals for developments like wind energy, battery energy storage systems, or solar and hydro schemes require formal consent. The type of consent needed depends on the scale of the proposed development, which also determines which authority receives and assesses the application.

Understanding “Section 36” Applications

When an application is made for a development with an electricity generating capacity of 50MW or more, it is considered under Section 36 of the Electricity Act, rather than planning legislation. These applications are submitted to the Scottish Government’s Energy Consents Unit (ECU) for determination. This means that we are only notified of the proposal and is not the decision-maker: It is not a planning decision in the traditional sense in that there is no planning application being considered. While we do publish the submitted application on our website, together with our response, we do not carry out public consultation, nor do we publish any third-party comments, as explained below. These applications are identified by a “S36” suffix to the application number.

Role of the Energy Consents Unit (ECU)

The ECU is the decision-maker and administers the process. It is responsible for publicising the application and considering third-party representations. View the application pages of the ECU website.

You can search for applications using the Scottish Government Application Search webpage.

Our Responsibilities

When the ECU seeks a view from ourselves, it is in our capacity as the planning authority.

We assess the technical implications of the proposal, such as landscape and visual impacts, access, noise, and the effect on residential amenity. We then submit our view to the ECU, in the same way as Community Councils and other interested parties do. Our view is then considered alongside other representations.

Because communities have their own opportunity to make representations directly to the ECU, it is not for us to duplicate that process or to seek or reflect those views as part of its own submissions.

Submitting Representations

All third-party representations must be made directly to the ECU and, in addition to those above, we provide a link on the relevant application page of our website to the ECU website, where you can the details of the proposal, the contact details for making representations and also any other representations that have been made. We do not communicate the views of others as part of this process. The ECU will receive and address all representations directly.

Consideration by the Planning and Building Standards Committee

All decisions on the Council’s response to S36 notifications are made by the Planning and Building Standards Committee before they are issued. In making their decision, should Councillors wish to view any community or individual comments about the application, they are able to do so by checking the ECU website, which they are invited to do within the report on the proposal that goes to the Planning and Building Standards Committee.

A link to the representations is provided for Members of the Committee within the body of the report, giving them unrestricted access, not just to the representations but to all of the documentation being considered. They are therefore able to gauge the level of interest, whether that be opposition or support, and the reasons for it.

Public Speaking

The Public Speaking protocol at the Planning and Building Standards Committee was introduced to enable verbal representations to be made specifically in relation to planning applications, because we are the body that makes the decision. Because we are not the decision-maker on S36 proposals, there is no equivalent opportunity to speak to the Committee on these proposals, although members of the public are welcome to attend the meeting, in person or online, to hear the debate by the Committee.

Proposals for Developments with a generating capacity lower than 50MW

Most of the wind energy schemes currently submitted are greater than 50MW, but any electricity generating proposals falling below that threshold will normally be considered through the planning application process, rather than the Electricity Act. That means that, in these cases, it is ourselves rather than the Energy Consents Unit that determines the application. These applications are identified by an “FUL” suffix and, when submitted, it is ourselves that will undertake the public consultation and assessment in the normal way. Find more information on how to make comments on planning applications. Because the Council is the determining authority in these cases, normal procedures, including public speaking at the Committee, will apply.