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Planning and Infrastructure Act 2025 - Objection to Energy Consent Applications

Argyll and Bute Council · 18 February 2026
Back to Planning, Protective Services and Licensing Committee — 18 February 2026 and its agenda

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ARGYLL AND BUTE COUNCIL 
PPSL Committee                                                      
Development & Economic Growth  18th February 2026 
Planning and Infrastructure Act 2025 – Objection to Energy Consent
Applications 
1.0 INTRODUCTION 
1.1 The purpose of this report is to update Members on new processes around
objections to applications for energy consent following the Planning and
Infrastructure Act 2025 (the 2025 Act).  The new arrangements apply to
applications for consent under sections 36 and 37 of the Electricity Act 1989 (the
1989 Act).   
2.0 DETAIL 
2.1 Up until the 18th February 2026, where a planning authority objected to a s36 or
s37 application before the deadline for response, a public inquiry was required to
be held to consider the proposal prior to determination. 
2.2 Following changes made by the 2025 Act, this procedure will no longer apply. 
Instead, a new Reporter led examination process will apply in circumstances
where a planning authority objects to an application prior to the deadline and
that objection is not withdrawn, or cannot be resolved by conditions of
modifications.  As noted above, these changes come into effect on 18th February
2026 and will be applicable from that date to live applications for consent under
sections 36 and 37 of the 1989 Act. 
2.3 A Chief Planner’s letter was published on 30th January 2026 to provide
clarification on these processes in advance of them coming into effect.  This
advises that where a planning authority has objected to an application prior to
18th February 2026, and that objection has been made within the period
provided for or agreed under regulation 8 of the Electricity (Applications for
Consent) Regulations 1990, the Scottish Ministers will cause a public inquiry to
be held, unless the objection is withdrawn, or cannot be resolved by conditions
or modifications. 
2.4 Where a planning authority objected before 18 February 2026 to an application
which remains undetermined as of that date but that objection has not been
made within the period provided for or agreed under regulation 8 of the
Electricity (Applications for Consent)Regulations 1990, the Scottish Ministers
shall appoint a reporter to examine the application under the new provisions,

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unless that objection is withdrawn or cannot be resolved by conditions or
modifications. 
2.5 Where a planning authority objects to an application on or after the 18th of
February, the new process will apply and a Reporter will be appointed to carry
out an examination unless that objection is withdrawn or cannot be resolved by
conditions or modifications. 
2.6 In addition, the Chief Planner’s letter advises that further guidance will be
provided, as necessary and in due course, on the application process changes
brought about by the 2025 Act. It further advises that the Scottish Government
intends to consult later this year on additional measures enabled by the Act. 
2.7 A link to the Chief Planner’s letter can be found below: 
Planning and Infrastructure Act 2025 - objections to energy consent
applications: Ministerial letter - gov.scot 
3.0 RECOMMENDATION 
3.1  It is recommended that Members note the content of this report. 
4.0 IMPLICATIONS 
4.1 Policy None arising from the report.
4.2 Financial Potential to reduce costs in the event that the
amended legislation gives rise to less formal
proceedings in the event of Local Authority
objections being raised.
4.3 Legal None arising from the report.
4.4 HR None arising from the report.
4.5 Customer Service  None arising from the report.
4.6 Risk The amended legislation potentially gives rise for
less opportunity for local participation.
4.7 Climate Change These changes are intended to speed up the process
for energy application decided by the Electricity Act.
4.8 Fairer Scotland Duty None arising from the report.
4.9 Equalities –
Protected
Characteristics
None arising from the report.
4.10 Consumer Duty None arising from the report.
4.11 Island Communities None arising from the report.
4.12 Children’s Rights
and Wellbeing
None arising from the report. 
Fergus Murray
Head of Development & Economic Growth 
3rd February 2026                                                  
For further information contact: Sandra Davies – 01436 658884