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

The following Energy practice note Produced in partnership with Matthew Collinson 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?
  • Exceptions under PA 2008
  • Offshore installations and the Marine Management Organisation (MMO)
  • Marine licences
  • Planning permission for electricity generating stations
  • Preservation of amenity and fisheries
  • Application process
  • Duration of consent
  • More...

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 exceptions:

  1. the Scottish Ministers are the appropriate authority in relation to all generating stations in, or to be constructed in, Scotland (where the PA 2008 regime does not apply). For these purposes, ‘Scotland’ includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland, and any Renewable Energy Zone (or part of

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