It has been a busy summer for battery energy storage (BESS) consenting in Scotland. This is only a snapshot, but there are trends emerging.
Section 36 decisions
Twelve section 36 consents were granted for BESS projects in July and August. Most were well over the 50MW threshold for section 36 applications - 10 were over 100MW. However, only 1 required environmental impact assessment.
None of these projects went to public inquiry. Most did not involve any planning authority objection; in the few that did, the objection was resolved through the imposition of conditions on the consent.
All of these consent applications were therefore relatively straightforward. The harder applications will take longer to decide, especially if a planning authority objection means a public inquiry must be held.
In the same period only two section 36 decisions were issued for wind farms, and two for solar projects. That suggests some prioritisation was given to BESS decisions, possibly because consents are more important to BESS in the grid queue reform process.
General approach
Consent is being given to the principle of development, with details to be submitted for approval later: of the storage technology, associated infrastructure and layout. The Ministers are to approve the details, in consultation with the planning authority.
Only one consent has a micro-siting condition.
The conditions also provide for 40 years of operation, followed by site decommissioning, restoration and aftercare, including provision of a bond or other form of financial guarantee to secure the costs.
Biodiversity enhancement
The intention of NPF4 policy 2 is for biodiversity to be enhanced and better connected. That is not easy to achieve on BESS sites, where the development footprint might not leave much open space. That might explain why only one consent has a biodiversity and habitat management plan condition; other consents have conditions dealing with more specific aspects of enhancement, including during restoration.
There might also be an issue whether the specific BESS project requires biodiversity enhancement. The Stracathro decision rejected a biodiversity net gain condition recommended by the planning authority, on the grounds that a condition cannot be used to secure a benefit which is not linked to the development. However, conditions were included to mitigate impacts on habitats and ecology.
Fire safety
Several of the decisions contain the same comment in response to concerns about fire safety:
"Scottish Minsters are satisfied that fire safety is covered by other legislation. Provision for fire service access and adequate water supply for the proposed Development should, however, be considered. Scottish Ministers require by condition that such matters be made clear in the final layout to be approved by them prior to the development commencing."
Conclusion
BESS is still a relatively new form of development. These recent consent decisions show trends have emerged, but approaches are still maturing, as account has to be taken of site/ project specific circumstances.
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