Item 6 - Onshore Electricity Generation – Electricity Act threshold Consultation
West Dunbartonshire Council · 11 March 2026
Back to Planning Committee — 11 March 2026 and its agenda
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WEST DUNBARTONSHIRE COUNCIL Report by the Planning, Building Standards and Environmental Health Manager Planning Committee: 11th March 2026 ___________________________________________________________________ Subject: Scottish Government Consultation on Onshore Electricity Generation Thresholds 1. Purpose 1.1 The purpose of this report is to seek committee approval of the proposed response to the consultation. 2. Recommendation 2.1 It is recommended that Planning Committee agrees the response noted at Appendix 1 to be submitted as West Dunbartonshire Council’s response to the consultation. 3. Background 3.1 The Scottish Government is consulting on proposed changes to onshore electricity generation thresholds. The full consultation documents can be found at Onshore electricity generation - Electricity Act threshold: consultation - gov.scot 3.2 The consultation has a single focus on the thresholds and asks whether they should remain at 50MW or change to 100MW or 150MW. 3.3 Currently, all applications for onshore electricity generation, such as solar, wind farms or battery energy storage that generate over 50MW of electricity are considered under Section 36 of the Electricity Act 1989 by the Energy Consents Unit (ECU) on behalf of the Scottish Ministers. Such applications are not considered in the same way as an application submitted to the Planning Authority and Planning Authorities have the role of a statutory consultee. Any consent granted by the ECU or Ministers is also granted deemed planning consent. 3.4 Any objection by the Planning Authority has previously triggered a Public Local Inquiry, however, changes to UK legislation that took effect from the 18th February has now removed this automatic trigger and allows a reporter from the Department of Planning and Environmental Appeals (DPEA) more flexibility in terms of what procedure is appropriate. Inquiries can still be held but other routes such as hearings can also be utilised. 3.5 Other changes also allow Scottish Ministers to make further regulations to set mandatory preapplication requirements and it is understood from the ITEM 6
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consultation documents that this will bring S36 applications in line with similar procedures for Major and National applications under the Town and Country Planning (Scotland) Act 1997. 3.6 Currently, the ECU voluntarily assign the relevant Planning Authority 50% of the fee for S36 application in recognition of the resource burden in responding to S36 consultations that would otherwise be unfunded. 4. Main Issues Summary of the proposed response 4.1 The full response to all questions is set out in Appendix 1, with the general position of the Council being that the Council supports changes to the thresholds and considers that an increase to 100MW would be appropriate. 4.2 Feedback from local residents and elected members regarding electrical consent applications under S36 has frequently noted that the process is significantly different from a planning application and generally can be quite confusing. The lack of formal requirements for notification and consultation similar to those required for planning applications is commonly noted. 4.3 Having reviewed the consultation documents, it is considered that, in line with the Verity House agreement which sets out that decision making should be ‘local by default, national by agreement’, an increase to the threshold to bring more applications under local decision making would overall be a positive step. Based on the figures presented within the consultation, it would be expected that around 79% of applications for energy generation would be considered at the local level should the 100MW threshold be chosen. 4.4 In a West Dunbartonshire Context, there have been 2 S36 applications in previous years, Vale of Leven windfarm (70MW) and Braidfield battery energy storage (100MW). Both applications remain undetermined, with the windfarm currently subject to a Public Local Inquiry. The recent application for battery energy storage to the east of Faifley was within the East Dunbartonshire Council area. The consultation document sets out that previous responses to the Investing in Planning consultation had noted mixed responses to the increase in thresholds. The consultation notes that broadly, Planning Authorities, communities and 3rd sector groups were in favour of the change with industry representatives not in favour as they valued strategic oversight and consistency in decision making where it is centralised to ministers. The consultation also notes that within England a 100MW threshold is set through the National Significant Infrastructure (NSIP) consenting regime. On balance, it is considered that 100MW would increase the numbers of decisions taken at the local level, address some industry concern and also align the threshold with England.
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4.5 As noted in section 3.3, 3.4 and 3.6 the Planning Authority would become the consenting authority and applications would be considered in the same way as applications that are currently under the 50MW threshold, i.e. under the Town and Country Planning (Scotland) Act 1997. Whilst such consultations already generate a significant workload for officers, a change in the threshold will generate further work, particularly administrative. Currently, internal consultation is carried out by Planning Authorities to determine the Council’s view, with all public and 3rd party representations going directly to the ECU. An increase in thresholds would increase the number of consents for Planning Authorities and this would increase administrative duties around statutory notifications and the logging and assessment of increased consultation responses and public representations. To offset this, it is recognised that Planning Authorities would now receive the full fee, rather than the 50% voluntary contribution as is the case now. It is anticipated that this increase in fee would also cover the increased local scrutiny of the sufficiency of applicant’s information. 4.6 In terms of decision making, by their nature, such applications would be considered major or national developments, therefore they would be considered in the usual way under the Council’s approved Scheme of Delegation. In the case of major applications Planning Committee would be the decision maker and in the case of national applications Planning Committee would first consider the application and refer the application to Full Council for decision. In both instances, where a refusal is granted, the route of appeal is to Scottish Ministers via DPEA. 4.7 It is considered that this process will be overall beneficial for both Planning Authorities and communities. With the other changes that have been currently implemented under UK legislation and future provision for Scottish Ministers, as set out in sections 3.3-3.5, the threat of a default Public Local Inquiry in the event of an objection from a Planning Authority will reduce the financial burden of all parties. Public Local Inquiries can often be a daunting and expensive process for communities and Community Council’s and changes to this process to have more of these types of applications considered at the local level with clear appeal routes are supported. Key summary of the response 4.11 West Dunbartonshire Council is supportive of the proposed increase to energy thresholds to bring more local control and community participation over energy consent applications within the Planning Authority area. It is considered that a 100MW threshold would double the existing threshold and bring around 79% of applications under local decision making. 5. People Implications 5.1 There are no people implications associated with this report. 6. Financial and Procurement Implications
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6.1 An increase in thresholds would increase the numbers of applications made under the Town and Country Planning (Scotland) Act 1997 and the Council would receive the full fee required, as opposed to the current 50% voluntary contribution provided by the ECU. 7. Risk Analysis 7.1 There is no financial, reputational or legal risk associated with this report. The Council is not statutorily required to respond to this Scottish Government consultation but will be bound by the outcome of the consultation and any resulting changes to thresholds. 8. Equalities Impact Assessment (EIA) 8.1 Not required. 9. Consultation 9.1 This is a Scottish Government consultation seeking the views of all stakeholders. The Council has been consulted as Planning Authority and the Council is not required to consult with any other party to form its response. 10. Strategic Assessment 10.1 The consultation is considered to be relevant to, and will help deliver, all of the Council’s strategic priorities: Our Communities – Resilient and Thriving Our Environment – A Greener Future Our Economy – Strong and Flourishing Our Council – Inclusive and Adaptable Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 11th March 2026 ___________________________________________________________________ Person to Contact: Michael Mulgrew, Planning, Building Standards and Environmental Health Manager, Michael.mulgrew@west-dunbarton.gov.uk Appendices: Appendix 1 – Respondent Information Form Background Papers: Onshore electricity generation - Electricity Act threshold: consultation - gov.scot Wards Affected: All