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 ‘appropriate authority’. 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 (EA 1989, ss 36(1) and (4)). ‘Renewable Energy Zone’ takes its meaning from the Energy Act 2004, s 84.

The ‘appropriate authority’ is generally the Secretary of State, but with the following