Update on Scottish Government Section 36 Consultations
Argyll and Bute Council · 20 August 2025
Back to Planning, Protective Services and Licensing Committee — 20 August 2025 and its agenda
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Argyll and Bute Council Development and Economic Growth This report is an Update to Members on responses sent to the Scottish Government’s Energy Consents Unit (ECU) on the Section 36 Consultations for the following applications; 1) Killearn Wind Farm Reference Nos: 24/01541/S36 /ECU 00004927 Applicant: Renewable Energy Systems Ltd (RES) Proposals: Development comprising 9 wind turbines up to 180 metres tip height (each generating around 6.6MW) and associated infrastructure And 2) Balliemeanoch Pump Storage Hydro Reference Nos : 24/01324/S36 / ECU00003444 Applicant: Intelligent Land Investments (ILI)(Consultation from Scottish Government) Proposals: Construct a PSH scheme located close to Lochan Airigh. It is approximately 4.4 km to the south of the village of Portsonachan and 9 km northwest of the town of Inveraray. Subject to further design studies it is anticipated that the proposed Development will have an installed electrical generation capacity of up to 1,500 megawatts (MW) and a storage capacity of approximately 45,000 megawatt hours (MWh). _________________________________________________________________________ 1.0 INTRODUCTION The purpose of this report is to update Members of the submission of two holding objections to the Scottish Government Energy Consents Unit in relation to the above referenced S36 consultations. As a point of procedural clarification, these require to be lodged as an objection to the ECU as there is no formal process to allow a “holding objection” even although this is in reality what is intended. It is the intention of Officers to report these applications to Members at a future date when sufficient information has been provided, necessary consultation responses provided (external and internal), and time allowed to produce a report making a properly informed and balanced recommendation to Members. This would also be the case in the event that the ECU determine to pass the cases over to the DPEA. 2.0 DETAIL Applications made for developments with an electricity generating capacity of more that 50MW are considered under s36 of the Electricity Act 1989. The Council is not the decision maker in these circumstances and is a consultee in its capacity as Planning Authority. Where a s36 consent is issued, Scottish Ministers can direct that planning permission be deemed to be granted. Deemed planning permission has broadly the same effect as a normal
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planning permission in that it can be subject to conditions, capable of variation and enforced by the Planning Authority. These large-scale energy developments which are covered by the Electricity Act will normally be supported by an Environmental Impact Assessment. In these circumstances, the ECU give the Council four months to consider these proposals. In reaching a view on these consultations, the Planning Authority undertake internal consultations and assess the proposals against the policies of the Development Plan. The Development Plan which currently comprises NPF4 and LDP2 contains policies on a wide range of topics. In many cases, the assessment of these policies requires input from statutory consultees with expert knowledge but as these are s36 applications, it is the ECU that undertakes the consultations. The Planning Authority uses the advice contained within these consultation responses to inform an assessment on whether the proposal would comply with Development Plan policies. Officers consider this is essential in order to undertake a proper assessment of the proposal and reach a view on its acceptability. This is because, as noted earlier, a s36 consultation could eventually result in a deemed planning application which the Planning Authority would need to manage in the same way as a normal planning application including the discharge of conditions and enforcement. While the ECU will consider these issues under the Electricity Act 1989, they are not assessing the proposals against Development Plan policy. It is understood that they will rely largely on the Planning Authority responsible for this issue. It is the aim of officers to ensure that any S36 reports presented to Members have been fully considered with all outstanding matters fully and properly considered in preparing a report and providing a recommendation to Members. The ECU has advised that requests for extensions of more than an additional 4 months, beyond the period already provided for in the regulations, will only be granted in exceptional circumstances. Officers have been advised that extensions requested for the reasons listed below on their own, will not be considered ‘exceptional’: • Consideration of Additional Information or other clarifications • Availability of Planning Committees • Consideration of other Consultee Responses • Resourcing Issues • Technical Expertise If the Council do not respond within the timescale set by the ECU, the Council loses the right to require a public inquiry to be held should it choose to object to the proposal. In order to ensure that this right is not lost, officers are of the view that holding objections require to be submitted to the ECU prior to the deadline for response. 3.0 OUTSTANDING AND UNRESOLVED MATTERS In relation to these two s36 consultations, the following matters are still outstanding and unresolved: 1) Killearn Wind Farm (Holding Objection Submitted 21 May 2025) • Unresolved objection from National Air Traffic Services • Requirement to secure consultation advice from the West of Scotland Archaeology Service.
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• Requirement to secure visualisation packs for Councillors in advance of committee. 2) Balliemeanoch Pump Storage Hydro The applicants submitted further Environmental Information on 22 May 2025 in response to Objections and concerns received to the initial submissions. At time of writing there have been no further external consultee responses placed on the ECU website. Currently therefore the following matters are outstanding and require to be resolved/considered further before a competent committee report advising Members can be written and presented to PPSL; • Unresolved objection from NatureScot • Unresolved objection from SEPA • Unresolved objection from Dawnfresh • Unresolved objection from SSE • Unresolved objection from Argyll Fisheries Trust • Unresolved objection from RSPB • Unresolved objection from Glenorchy and Innishail Community Council In this instance the reason for submitting this holding objection was that the Council was unable to undertake a proper assessment of the proposal and make a fully informed and competent decision within the previously agreed extended timescale of 28.06.25. 4.0 RECOMMENDATION It is recommended that Members note: • The submission of these two holding objections to the Energy Consents Unit to safeguard the Council’s position. • That Officers will present a report to PPSL at a future date on each of these S36 applications for their views, as and when it is competent to do so. Author of Report: David Moore Date: 04.08.2025 Reviewing Officer: Sandra Davies Date: 06.08.2025 Fergus Murray Head of Development and Economic Growth