The following Energy practice note Produced in partnership with Matthew Collinson provides comprehensive and up to date legal information covering:
Following the introduction of the development consent regime under the Planning Act 2008 (PA 2008), the need to apply for consent under section 36 of the Electricity Act 1989 (EA 1989) has been significantly reduced.
However, s 36 remains relevant to:
onshore and offshore generating stations in Scotland, and
offshore wind (or water) generators with between 1MW and 100MW capacity (excluding any in Scottish waters or a Renewable Energy Zone in respect of which the Scottish Ministers have functions)
See Practice Note: Energy installations—consent under section 36 of the Electricity Act 1989.
Applications for s 36 consent must comply with EA 1989, Sch 8, and further detailed provision is made in the Electricity (Applications for Consent) Regulations 1990, SI 1990/455. However, this procedure is modified in its application to Scotland by the Electricity (Applications for Consent) Amendment (Scotland) Regulations 2005, SSI 2005/295 and the Electricity (Applications for Consent) Amendment (Scotland) Regulations 2013, SSI 2013/58.
The Electricity (Offshore Generating Stations) (Applications for Consent) Regulations 2006, SI 2006/2064 apply a different procedure in the case of an offshore generating station located either within a Renewable Energy Zone (save for those waters where Scottish Ministers (SM) have functions) or within waters in or adjacent to England and Wales between the mean low water mark and the seaward limits of the territorial sea.
The guidance for applications in Scotland is the Energy
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