The Planning and Infrastructure Act contains reforms to procedures for consenting electricity infrastructure in Scotland: sections 36 (generating stations) and 37 (overhead lines).
Background
The Planning and Infrastructure Act received Royal Assent on 18 December 2025. It includes changes to procedures for offshore and larger on-shore projects consented by the Scottish Ministers under the Electricity Act 1989. Some changes are made by the Act; others will come from the Ministers using new powers to make regulations.
There are no changes to the local authority consenting procedures, which apply to electricity generation projects in Scotland below 50MW. In England, from 31 December 2025, local authority consenting procedures will apply to on-shore wind and solar projects up to 100MW.
Changes made by the Act
Other than the regulation-making powers given to Ministers (below), most of the changes made by the Act come into force 2 months after Royal Assent:
Objections by planning authorities – removing the trigger for an automatic public inquiry process where a planning authority objects to the application; instead the Scottish Government reporter will decide what procedure is appropriate. This is what already happens in planning appeals; and in many Electricity Act applications the parties agree to use a mixture of procedures rather than presenting evidence on every issue at a public inquiry.
Variation of consents – introduces a new procedure for applying to vary a section 37 consent (overhead lines); and a new power for Ministers to vary a section 36 or 37 consent, with the agreement of the person entitled to the benefit of the consent, because of a change in circumstances or technological changes.
Correction of errors – a new power for Ministers to amend a decision document to correct an error which is not part of the statement of reasons for the decision.
Judicial review – time limit – for onshore Electricity Act consents, reducing the time limit for submitting a legal challenge from 3 months, to 6 weeks. The new time limit applies to decisions made on or after this change comes into force.
Power to make Regulations
From 18 December 2025, the Act gives Ministers the power to make regulations on:
Pre-application procedures – pre-application requirements, information that must be included in an application, an acceptance stage for the application to be accepted or declined, fees to be paid to Scottish Ministers on applications and for pre-application services, and requests for additional information.
Time limits - for key elements of the process
Variation of consents – for details of the new procedure
Wayleaves – fees to be paid by applicants
Environmental impact assessment - charging fees for screening/ scoping opinions, provision of information, time limits
Eskdalemuir seismic array – power to create exclusion and restricted zones for wind generating stations around a relevant seismic array system. This regulation-making power comes into force 2 months after Royal Assent.
Comments
These changes have been well-trailed in consultation papers. We await with interest the details to be published in draft regulations and accompanying guidance.
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