Energy installations—consent under section 36 of the Electricity Act 1989
Produced in partnership with Matthew Collinson of Energetics
Energy installations—consent under section 36 of the Electricity Act 1989

The following Energy guidance note Produced in partnership with Matthew Collinson of Energetics provides comprehensive and up to date legal information covering:

  • Energy installations—consent under section 36 of the Electricity Act 1989
  • Introduction
  • When is s 36 consent required?
  • Planning permission for electricity generating stations
  • Carbon Capture and Storage (CCS)
  • Preservation of amenity and fisheries
  • Application process
  • Duration of consent
  • Varying a s 36 consent
  • Navigation

Introduction

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:

  1. onshore and offshore generating stations in Scotland, and

  2. 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)

When is s 36 consent required?

EA 1989, s 36(1) prohibits the construction (at a 'relevant place'), extension or operation of a generating station without the consent of the Secretary of State (or the Scottish Ministers or the Marine Management Organisation (MMO), as applicable). For these purposes, a ‘relevant place’ is a place in Great Britain, in the territorial sea adjacent to Great Britain or in a Renewable Energy Zone.

Exceptions under PA 2008

However, s 36(1A) provides that the requirement for consent in relation to the construction or extension of a generating station is subject to PA 2008, s 33(1). This states that consent under EA 1989, s 36 is not required to the extent that development consent is required for the development under PA 2008 (which only applies in England and Wales).

Development consent is required where a development