Democracy Spraffa

UK Government Consultation: Electricity Infrastructure Consenting in Scotland

Argyll and Bute Council · 18 December 2024
Back to Planning, Protective Services and Licensing Committee — 18 December 2024 and its agenda

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ARGYLL AND BUTE COUNCIL           PPSL COMMITTEE
Development and Economic Growth             18th December 2024 
UK Government Consultation: Electricity Infrastructure Consenting in Scotland 
1.0 INTRODUCTION 
1.1 This report provides a summary of the proposals set out within the UK
Government consultation “Electricity Infrastructure Consenting in Scotland”. A
draft response to the consultation is set out within Appendix 1. The consultation
was published on 28th October 2024 and closed on 29th November 2024. A
response approved by ELT has been submitted however a further response
including comments/amendments from PPSL can be submitted if necessary. 
1.2 The consultation paper identifies that the electricity consenting process in
Scotland is inefficient and gives rise to unnecessary delay in the delivery of new
electricity generation and transmission development. It is identified that reform of
electricity consenting elsewhere in the UK has streamlined electricity consenting
through better alignment of this process with the planning system. The proposals
seek to deliver better informed applications and streamlined processes for the
consideration and determination of applications through the introduction of a pre-
application consultation stage, and through the replacement of the statutory
requirement for public inquiries to resolve objections with less formal examination
arrangements. The proposals also include provisions which would allow greater
scope to amend consented schemes without the requirement for a full
resubmission. 
2.0 RECOMMENDATIONS 
2.1 Recommend that PPSL consider and approve the draft consultation response
attached to this report as Appendix 1. 
3.0 DETAIL

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3.1 The Scottish Government determines applications to construct or install electricity
infrastructure for onshore generating stations over 50MW, off-shore generating
stations over 1MW, and network projects under the provisions of the Electricity
Act 1989. This is in alignment with the Scottish Government having devolved
responsibility for land use and planning in Scotland. However, whilst the Scottish
Government has responsibility for taking decisions under the Electricity Act 1989,
the UK Parliament has responsibility for the legislative framework as the powers
to legislate for “generation, transmission, distribution and supply of electricity”
were reserved under the Scotland Act 1998.  
3.2 Consenting of electricity infrastructure in England and Wales was streamlined
through the Planning Act 2008 and included measures that made this process
fairer and more efficient for local communities and applicants. The Electricity Act
1989 as utilised in Scotland has not been modernised in the same way. It has
been identified that it in Scotland can take up to four years to consent large-scale
onshore electricity projects which is slow in comparison to consents in England in
Wales dealt with under the Planning Act 2008. The lengthy timescales give rise
to additional costs to consumers primarily through ‘constraints payments’ to
electricity generators – these amounted to £2bn in 2022 and could rise to £8bn
(or £80 per household) across the UK by the late 2020’s if delays to consenting
and delivery remain unresolved.
3.3 The consultation sets out and seeks stakeholder input on a range of measures
which are intended to improve the timeliness of the consenting process and
ensuring that this meaningfully involves communities and relevant planning
authorities in decision-making. The proposals cover the entire application process
beginning with pre-application requirements through to the process for
challenging decisions made by Scottish Ministers. The consultation includes the
following overview of the proposals: 
Pre-application requirements – in contrast to all other legislative planning
regimes in Great Britain, the Electricity Act 1989 stipulates no pre-application
requirements, for example the requirement to consult in advance of an application
being made. This allows applicants to submit applications for electricity
infrastructure consent without consulting communities or statutory consultees,
although some may choose to do so. Reform proposals include the introduction
of requirements for pre-application consultation, notification and publication of
planned applications. Also proposed is the ability for Scottish Ministers to recover
the costs of any pre-application activities, and the introduction of an ‘Acceptance
Stage’ when Scottish Ministers can decline to accept applications which have not
fulfilled pre-application requirements. 
Applications – statutory consultees including relevant planning authorities,
Scottish National Heritage (now known as NatureScot), the Scottish Environment
Protection Agency and Historic Environment Scotland provide important input to
enable effective scrutiny of applications. However, without timely delivery of each
input, supported by the right skills and capacity, the application timeline can
become lengthy. The proposals provide collaborative approaches to deliver a

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predictable application timeline facilitated by the right skills and capacity to provide
greater certainty for all parties. Further measures to support the clarity and
timeliness of the process include enabling updates of the information
requirements for applications, and constraints on the timing of amendments for
onshore applications. 
Public inquiries – under existing arrangements, where a relevant planning
authority objects to an application within statutory timescales, and the objection
is not withdrawn or given effect through modification or conditions, the Scottish
Ministers must hold a public inquiry. This is a formal process, usually involving
an examination by way of an oral hearing and/or inquiry sessions which takes
an average of 18 months. The reform package, particularly pre-application
consultation, aims to reduce the number of planning authority objections by
bringing forward more complete and better formulated applications, shaped at
an earlier stage by input from relevant planning authorities, local communities
and other statutory consultees. Specific reform proposals focus on retaining the
opportunity for relevant planning authorities to object, and handling objections
through a tailored, reporter-led process. 
Variations – there is no prescribed process to vary consents for network
projects granted under section 37 of the Electricity Act 1989. This causes
uncertainty for generators awaiting connections, is a procedural risk for
developers and Ministers, and has the potential to prevent significant network
upgrades going ahead unless a new, full application is submitted. Reform
proposals seek to implement a prescribed process for varying consents to
network projects. There is a further proposal to give the Scottish Government
powers to revoke, suspend or vary consents under specific circumstances. 
Necessary wayleaves – in contrast to the UK Government, the Scottish
Government cannot charge fees for processing applications for necessary
wayleaves (statutory rights that allow electricity licence holders to install and
access their electricity lines and associated infrastructure on land owned by
others). Changes are required to enable the Scottish Government to process
an expected significantly increased volume of applications in coming years.
Reform proposals seek to allow the Scottish Government to charge the network
operator fees at the point of application submission. 
Statutory appeals and judicial proceedings – in Scotland, there is
inconsistency as to whether consents granted to applications for electricity
infrastructure can be challenged by a judicial review or a statutory right of
appeal, depending on whether the consent is granted for an onshore or offshore
project. The time limit for the challenge also varies and may either be 3 months
or 6 weeks. Reform proposals look to align the timescales to 6 weeks and use
a statutory right of appeal process for all onshore and offshore consenting in
Scotland. 
3.4 The proposals in the main part would ensure closer alignment between electricity
consenting and planning consenting. The proposals relating to pre-application
engagement, procedures for examination, variation of permissions, and rights of

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appeal/judicial challenge are closely aligned to the Town and Country Planning
(Scotland) Act 1997.
3.5 Pre-application procedures have proven to be effective in improving community
engagement and public awareness for ‘nationally significant’ and ‘major’ planning
applications since their introduction in 2009. Early engagement with stakeholders
and communities should give rise to improved application submissions where
there is less likelihood of objections (if key issues are satisfactorily addressed prior
to submission) or the requirement for amendments to proposals at a late stage in
proceedings. Whilst improved submissions may give rise to the prospect of time
and cost savings during the application stage the introduction of an additional step
in the consenting process would also introduce new duties for the Council to
engage as planning authority along with other stakeholders.
3.6 Proposals to amend application procedures are primarily of interest to the Council
with the intent to remove the statutory requirement for a public inquiry in the event
of a planning authority objection being submitted. Removal of the statutory
requirement for a public inquiry could potentially downgrade the Council’s position
in negotiating improvements to a proposal with a developer who might otherwise
be minded to avoid the time and cost implications of inquiry proceedings. It is
however highlighted that the proposals identify that a planning authority objections
will still give rise to a statutory requirement for an examination of the proposal.
The proposals for a reporter led examination are similar to those available within
the planning and planning appeal processes and include provision for inquiry
sessions, hearings, written submissions, and site visits with the format to be
decided by an appointed reporter on a case by case basis. Attendance at a public
inquiry is estimated to cost the Council approximately £70k inclusive of legal
representation and attendance of specialist consultants but excluding the
considerable officer time required for preparation and attendance. Removal of the
statutory requirement for a public inquiry gives rise to the expectation that the
majority of objections would expect to be handled through less formal
proceedings which would be able to be officer led as opposed to the appointment
of legal representation. Whilst there may be some concern at the Council’s
standing in the consenting process being eroded it should conversely be
recognised that the likely reduction in costs and officer time that may be required
to defend an objection does have potential to significantly reduce the resource
implications to the Council in exercising their role within the energy consenting
process without compromising its position as planning authority and a lead for its
communities. A reduction in the formality and costs required to object to a
proposal would also be beneficial to other stakeholders, particularly community
councils.
3.7 Whilst the proposals overall might be expected to reduce the resource
implications to the Council in engaging with the consenting process. It is
highlighted that the additional pre-application and acceptance stage duties
identified for the planning authority will require additional resource input from the
Council in advance of any fees from the Scottish Government being payable
under current arrangements. In circumstances where a proposal does not

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proceed to formal application stage then this could prospectively mean that
considerable effort/resource is expended without recovery of any fee income. This
position is also applicable to community councils and other stakeholders who
would also be expected to undertake an additional engagement stage within the
consenting process. Given the significant financial challenges facing the Council
it is appropriate to highlight that the proposals include additional unfunded
resource implications that require to be addressed. The Council has also recently
received communication from communities highlighting the resource disparity and
the request for support to assist with their engagement in the energy consent
process and this issue is also highlighted in the proposed Council response.
3.8 Proposals to introduce new mechanisms that would allow the Scottish
Government the ability to amend new applications, either at the request of the
developer, or in some circumstances to act unilaterally to amend, suspend, or
revoke permissions mirror similar provisions available within the Town and
Country Planning (Scotland) Act 1997 which the Council as planning authority can
apply to grants of planning permission. The ability to amend or vary submissions
without the requirement for a fresh application would provide a proportionate
means of refining consents post determination and ensuring that the Scottish
Government is able to take appropriate action in the event of an error in the
consenting processing being identified.
3.9 Proposals relating to charging for wayleaves and the introduction of an appeal
process primarily impact upon developers and are not identified at this time to
give rise to significant implications to either the Council as planning authority or
the communities of Argyll and Bute.
.
4.0 CONCLUSION 
4.1 The proposals appear largely to improve alignment between the electricity
consenting process and the planning system as operated under the Town and
Country Planning (Scotland) Act 1997. The requirement for developers to
undertake early engagement with stakeholders and communities to better refine
their proposals prior to formal submission is intended to give rise to better
informed applications, streamlined time periods for assessment and less
likelihood of objection being raised. Whether the proposals for enhanced pre-
application engagement will reduce the number of proposals which give rise to
objection from the Council as planning authority, or other statutory stakeholders
including communities across Argyll and Bute will depend very much on whether
developers take heed of the issues raised and amend their proposals accordingly,
or in some cases choose not to take these forward in the circumstances where
the issues raised are irreconcilable. In this respect it should be highlighted that
the proposals for pre-application engagement represent an additional stage in the
consenting process which will include additional duties for the Council as planning
authority that will require to be adequately resourced in order to ensure the timely

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local authority input which will be required to deliver on the aspiration for improved
processing times. 
4.2 The proposed removal of statutory public inquiries does mean that developers
may be less inclined to make amendments to proposals in response to matters
raised by the planning authority. Concerns in this respect can however be allayed
as a planning authority objection would still give rise to a statutory requirement for
an examination in public that would be expected to give rise to a sufficiently robust
and transparent process for determination of applications. Less formal
examination procedures give rise to the prospect of significant time and cost
savings to the Council for applications that do not require a public inquiry, and
should be less prohibitive to full participation for other parties, including
communities.
4.3 Whilst regulatory reform is essential to improving processing times for electricity
consenting it is also important to recognise that unless stakeholders are
adequately resourced to participate in the process then there will continue to be
significant challenges which will give rise to delays in the consenting process. The
Council’s response seeks to highlight these issues and invite consideration of how
these challenges can be addressed. 
5.0 IMPLICATIONS
5.1 Policy - None 
5.2 Financial – Resource implications associated with requirement to participate in
additional pre-application stage of energy consent process. Potential for
this to be offset with reduced requirement for planning authority objection
and/or lower costs associated with defending an objection if statutory PLI
proceedings are not required.
5.3  Legal - None
5.4  HR - None
5.5  Fairer Scotland Duty: 
6.5.1   Equalities - protected characteristics - None 
6.5.2   Socio-economic Duty - None 
6.5.3  Islands - None
5.6 Climate Change – Proposals are intended to improve the efficiency of the
consenting process for nationally important electricity generation and
transmission infrastructure which are identified as being essential in
making a contribution toward climate change targets. 
5.7 Risk - None
5.8  Customer Service - None

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5.9 The Rights of the Child (UNCRC) - None 
Kirsty Flanagan
Executive Director with responsibility for Development and Economic Growth
Policy Lead Cllr Kieron Green
25th November 2024                                                  
For further information contact: Peter Bain – 01546 604204 
APPENDICES
Appendix 1 – Draft Consultation Response
Appendix 2 – Electricity Infrastructure Consenting Scotland Consultation Document

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APPENDIX 1 – DRAFT CONSULTATION RESPONSE 
PRE-APPLICATION REQUIREMENTS:
1. Do you agree with the proposal for pre-application requirements for onshore
applications? Why do you agree/not agree? How might it impact you and/or your
organisation? 
AGREE
The opportunity for engagement with stakeholders with the aim to developing better
informed proposals in advance of submission is to be welcomed and would ensure
that there is opportunity for engagement on electricity infrastructure developments in
a manner that is similar to process set out for other ‘nationally significant’ and ‘major’
developments which require planning permission. Whilst the proposed pre-application
procedures represent an additional step it is accepted that these requirements have
the potential to improve the efficiency of the subsequent processing of an application
through the early resolution of issues and provision of information to an acceptable
standard.
It is however highlighted that the introduction of an additional stage in the consenting
process is likely to give rise to a requirement for additional resource expenditure from
stakeholders to ensure that this is a meaningful and productive exercise. The
introduction of any additional duties gives rise to concern given the challenging
financial climate that local authorities continue to operate within. It is also noted that
community councils have also highlighted issues in relation to their own lack of
resources and the significant costs associated with obtaining specialist advice to
inform their own participation in the energy consenting process. The requirement for
additional engagement within the consenting process may prove challenging to
resource. The redistribution of a portion of any pre-application fee to stakeholders,
and/or a requirement for the developer to contribute funding to resource and support
engagement by affected communities are suggested as prospective means of directly
addressing this challenge.
2. Do you agree with the proposal for pre-application requirements for offshore
generating stations? Why do you agree/not agree? How might it impact you and/or
your organisation? 
DISAGREE
It is unclear why it is proposed to introduce different arrangements for onshore and
offshore development. Whilst it is accepted that offshore development will not be
located within a community council area it would appear sensible that the pre-
application process still seeks to identify and engage with any neighbouring
communities who may be impacted by the development. It is noted that similar
arrangements would apply within the terrestrial regime as neighbouring community
council areas may be identified for consultation where a proposed development is
identified to have impacts that will occur over a wider area. The requirement to produce
a statement of community consultation would allow consideration as to whether any

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community is likely to be directly or indirectly affected by the proposals and ensuring
appropriate engagement where necessary.
3. Do you agree that pre-application requirements should apply to all onshore
applications for electricity generating stations, and for network projects that require an
EIA? Why do you agree/not agree? How might it impact you and/or your organisation? 
AGREE
A requirement for pre-application engagement across all onshore developments would
ensure a level playing field and would avoid any confusion over the application of the
procedures.
4. Do you agree that a multistage consultation process may be appropriate for some
network projects? Why do you agree/not agree? How might it impact you and/or your
organisation? 
AGREE
It is agreed that multi-stage consultation would be appropriate for more complicated
network projects that cover long distances and will impact upon a multiple
communities, particularly where these communities are not strongly connected or
linked. It is however highlighted that multi-stage consultation would give rise to
increased resourcing challenges, particularly for stakeholders, such as local
authorities and national agencies, who may be required to engage multiple times on
one project. In such circumstances it may be appropriate that the developer
undertakes multiple events across different communities but still seeks to engage with
other stakeholders at local authority boundary or whole project level as appropriate.
5. Do you agree with the proposal for an ‘Acceptance Stage’ for applications? How
long do you think an acceptance stage should be (in weeks)? Why do you agree/not
agree? How might it impact you and/or your organisation? 
AGREE
An acceptance stage is necessary to provide the opportunity to review and conclude
whether the developer’s pre-application has been satisfactorily concluded, failure to
do so would only leave this aspect open to challenge at a later stage in proceedings.
The opportunity to review whether the information accompanying the application is
complete and has been provided to a satisfactory standard is also to be welcomed as
this should reduce the requirement for late submission of additional/updated
information which in turn should reduce the processing time and resource required to
conclude the assessment of the proposal.
It is suggested that a minimum period of 6 weeks be provided for the acceptance stage
to include appropriate time for processing and to facilitate the requirement for
consultation with the planning authority within this stage.
6. Do you agree that the Scottish Government should be able to charge fees for pre-
application functions? Why do you agree/not agree? How might it impact you and/or
your organisation?

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AGREE
It is agreed that the consenting process should be delivered and funded on a full cost
recovery basis. It is however highlighted that pre-application engagement will incur
significant resource costs for participating stakeholders, including local authorities and
community councils. Whilst the planning authority may expect (under the current
voluntary arrangements) to receive a portion of the fee from any subsequent
application this is not the case for other stakeholders in the process, and even for the
planning authority there can be no guarantee that a project at pre-application will result
in an application that will retrospectively cover the cost of such earlier engagement. In
the event that pre-application charging is introduced it is requested that consideration
be afforded to a redistribution of a portion of those funds to offset the additional
resource implications to planning authorities and other stakeholders, ideally on a full
cost recovery basis.
7. Do you agree that our proposals for pre-application requirements will increase the
speed of the end-to-end project planning process overall? Why do you agree/not
agree? 
AGREE
Whilst the introduction of pre-application requirements adds an additional step to the
consenting process it is agreed that this does improve the efficiency of the overall
process by identifying and resolving any issues at an earlier stage although this will
only occur where the developer and stakeholders are able to commit the necessary
resources and are able to participate unreservedly in the spirit in which these
arrangements are intended. 
APPLICATION PROCEDURES – APPLICATION INFORMATION
REQUIREMENTS:
1.Do you agree with the proposal for increased information requirements in
applications? Why do you agree/not agree? How might it impact you and/or your
organisation?
AGREE
The provision of minimum validation standards for all electricity developments is to be
welcomed and will ensure that consultation and assessment of applications does not
commence until such time as all the required information has been provided by the
developer. 
2.Do you agree with the proposal to set out detailed information requirements in
regulations? Why do you agree/not agree? How might it impact you and/or your
organisation?
AGREE
The provision of minimum validation standards is to be welcomed. This would provide
certainty for the developer in respect of the minimum standard of information required

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to be included in their submission. The intent of the Scottish Government to introduce
varying requirements depending on the nature and location of the development would
ensure that minimum requirements remain proportionate. 
APPLICATION PROCEDURES – INPUT FROM STATUTORY CONSULTEES:
1. What are the reforms that would be most impactful in enabling your organisation to
provide timely input on section 36 and section 37 applications?
The provision of additional specialist support would be of greatest benefit to the
organisation. The rural nature of Argyll and Bute makes it difficult to support the
business case for the Council to directly employ specialist resources who would be
utilised on an irregular basis, and also means that specialist resources which can be 
justified are stretched thinly across a large geographic area. In this respect it is noted
that the Council does not currently employ any specialists who are able to provide
input on landscape, trees, noise from windfarms, or peat slide assessment. Internal
resource is available to advise on biodiversity and the historic environment however
this has limited capacity. External consultants are utilised to provide specialist advice
as required, however, this can only be procured following receipt of a consultation and,
dependent on the availability of consultants, can result in delays to the Council in being
able to respond to consultations.
It is suggested that the Planning Hub could prospectively employ specialists who are
able to support local authorities in areas such as landscape, noise, peat slide
assessment where advice would otherwise require to be procured externally. 
The use of a common specialist resource across consultee stakeholders could also
prospectively reduce duplication of time, cost and effort within the process – i.e. at
present both the planning authority and Nature Scot will engage separate landscape
architects to review the application and inform their separate consultation responses.
In this respect, the Planning Hub could potentially act as a procurement body which
has standardised terms agreed with a range of specialist consultants that could be
engaged by local authorities and co-ordinated with the requirements of other
stakeholders as required. 
It is also suggested that the Planning Hub could prospectively provide a means of
reducing the resource implications for community councils who require specialist
support to engage in the energy consent process.
2. What are the advantages and drawbacks of the options set out under Proposed
Changes? How might your organisation benefit from the proposed forum and
framework? 
A forum providing the opportunity to engage with the ECU and other stakeholders to
identify common issues and share best practice in the engagement with the electricity
consenting process would be welcome.
The development of a consensual framework for the delivery of an application is
supported in principle as this would to all intent and purpose result in a ‘Processing

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Agreement’. Whilst a framework agreement would potentially increase certainty of
timelines this is unlikely in itself to speed up the consenting process as the existing
resources within local authorities and communities are already overstretched. Unless
the issue of resourcing at stakeholder level is addressed as a root cause then there is
a real danger that timelines will not be dissimilar to the existing consenting process.
3. What specialist or additional support could the Scottish Government’s Energy
Consents Unit provide to facilitate the statutory consultees’ ability to respond? 
Specialist support in relation to landscape, noise impact assessment, peat slide
assessment, and biodiversity are all areas which are either currently unavailable
internally, or are already oversubscribed.
4. Would new time limits help your organisation to prioritise its resources to provide
the necessary input to the application process?
The resources available to the Council to engage in the energy consent process are
already stretched. It is unclear how the provision of amended time limits would be
beneficial to the Council as this would only give rise to increased pressure upon an
existing limited resources.
It is however considered that it would be beneficial to enable the Scottish Government
the ability to set and extend each stage of the consenting process. At present any
extension of the prescribed period for consultation requires to be requested by the
applicant which can be unhelpful, particularly where a response is delayed due to their
provision of late/amended information. It would appear practicable that the Scottish
Government as decision maker is afforded scope to unilaterally extend the
consultation process in circumstances where a consultee is able to demonstrate a
valid requirement for additional time to respond. 
APPLICATION PROCEDURES – AMENDMENTS TO APPLICATIONS:
1. Do you agree with implementing a limit for amendments to applications? Why do
you agree/not agree? How might it impact you/your organisation? 
AGREE
The imposition of a time limit for the amendment of applications would encourage
developers to ensure that their proposal has been appropriately refined prior to
submission. This would increase certainty of time lines by reducing the likelihood that
a project would require to be the subject of extensive re-consultation at a late stage in
the consenting process. It is currently not uncommon for proposals to be the subject
of significant modification following the initial consultation process; re-consultation
requires considerable duplication of effort and retention of resources that could
otherwise be released for other casework.
It is however unclear why it is not proposed to impose a limitation on amendments to
offshore development as the same principles in relation to the management of limited
resources would also be applicable.

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2. Do you agree the limit should be determined by Scottish Ministers on a case-by-
case basis? Why do you agree/not agree? How might it impact you/your organisation?
NEITHER AGREE OR DISAGREE
There are no adverse comments on this proposal, however it is observed that in
absence of a cut-off date defined by regulation it is unclear what process or
methodology Scottish Ministers might utilise to fairly and consistently set a cut-off date
for applications on a case by case basis, or indeed whether any date intimated would
be capable of being reviewed and reset later during the process. Any prospect of a
cut-off date being reset would give rise to uncertainty in relation to resource allocation. 
APPLICATION PROCEDURES – PUBLIC INQUIRIES:
1. What is you or your organisation’s experience of public inquiries? What are the
advantages? What are the disadvantages? 
Argyll and Bute Council has attended a number of public inquiries in its role as planning
authority; this has primarily been in cases where the Council has raised objection to a
proposal although this has not always been the case.
It is accepted that the public inquiry process provides a robust legal framework for the
examination of a range of complex and contentious matters within a public forum. 
In addition to the impact of long lead in times upon the overall conclusion of the
consenting process, engagement in a public inquiry also requires a significant
resource commitment from all participants. The formality of proceedings will generally
necessitate the appointment of legal representation in addition to the time and costs
that will be accrued in preparation and attendance of Council officers and specialist
consultee advisors. The formality of the Public Inquiry process can be overly
intimidating, particularly to lay-persons, and in some instances will require
disproportionate resource to the issues under consideration.
2. Do you agree with the proposed ‘examination’ process suggested? Why do you
agree/not agree? How might it impact you/your organisation? 
AGREE
A reduced requirement for public inquiry would be expected to have a positive impact
on the overall time for consenting, and result in a reduction in the resources required
by local authorities, other stakeholders, and the developer within the examination
process.
The proposed retention of a statutory requirement for an examination in the invent of
a planning authority objection is welcomed as a safeguard that ensures that the
Council remains sufficiently empowered as planning authority to engage in the
consenting process and direct negotiations with the developer with a view to mitigating
the effects of the development, and in representing the views of its communities.

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To date, the Council has not considered the prospective cost of attending a public
inquiry session as a relevant factor in reaching its decision on whether or not to raise
objection to a consultation. However given the expected significant increase in
renewable energy developments and demand on limited resource to engage in the
consenting process there is a real danger that the limited availability of resources to
defend a valid planning objection at PLI could become a limiting factor.
The proposed amendment to the legislation would afford discretion to the appointed
reporter to determine the relevant procedures for the examination. This would provide
a high degree of alignment with the procedures set out under the Planning legislation
and an expectation that formal public inquiry sessions, whilst remaining an option,
would likely be reserved for the most complex and contentious of matters with less
formal hearing sessions and written submissions being utilised predominantly. The
opportunity for interested parties to express their view on the type of procedures
required is again similar to the planning appeal process and would assist the reporter
in identifying the most appropriate procedures for the examination on a case by case
basis. 
VARIATIONS – VARIATION OF NETWORK PROJECTS: 
1. Do you agree with the proposal to prescribe a clear statutory process under which
variations to network projects may be granted? Why do you agree/not agree? How
might it impact you/your organisation? 
AGREE
Agree that there should be a process to facilitate variations, similar to the process
permitted to be undertaken for planning applications and S36C generating station
consents, subject to agreement of all parties that the proposed ‘variation’ is not a
fundamental change to the original consent.
The ability to vary consents would reduce demand upon the consenting system from
proposals that currently require to be resubmitted in full and would provide the
developer with a proportionate means of optimising their proposal post-determination
if necessary. 
VARIATIONS – VARIATION OF CONSENTS WITHOUT APPLICATION: 
1. Do you agree with the proposal to give the Scottish Government the ability to vary,
suspend or revoke consents, without an application having been made in the
circumstances set out above? Why do you agree/not agree? How might it impact you
or your organisation? 
AGREE

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The proposals would provide similar powers available to the planning authority under
S65 of the Town and Country Planning (Scotland) Act 1997. It would appear sensible
to allow the decision maker opportunity to revisit a decision to amend or revoke the
permission in the event that it is identified that there has been a significant change in
circumstances or error within the original decision making process. As any
modification or revocation would impact upon the deemed planning permission for the
development it would be appropriate to include provision that Scottish Ministers
undertake consultation with the planning authority in respect of any steps that they
might take to suspend, modify, or revoke a permission. 
2. Do you believe there should be any other reasons the Scottish Government should
be able to vary, suspend or revoke consents? What reasons are these? 
NONE IDENTIFIED 
FEES FOR NECESSARY WAYLEAVES:
1. Do you agree with the principle of introducing a fee for the Scottish Government to
process necessary wayleaves applications? Why do you agree/not agree? How might
it impact you or your organisation?
NO COMMENT 
2. Do you agree that the fee amount should be based on the principle of full cost
recovery, in accordance with Managing Public Money and the Scottish Public Finance
Manual? Why do you agree/not agree?15 How might it impact you or your
organisation?
NO COMMENT 
STATUTORY APPEALS AND JUDICIAL PROCEEDINGS:
1. Do you agree that a statutory appeal rather than a judicial review process should
be used for challenging the onshore electricity consenting decisions of Scottish
Ministers? Why do you agree/not agree? How might it impact you or your
organisation? 
AGREE
The provision of a statutory appeal process setting out procedures for the applicant to
challenge the outcome of a decision would appear sensible as this would align the
electricity consenting process with the planning process which includes a statutory
right of appeal for applicants.
2. Do you agree there should be a time limit of 6 weeks for initiating a challenge to a
consenting decision of Scottish Ministers for onshore electricity infrastructure? Why
do you agree/not agree? How might it impact you or your organisation?
AGREE

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Limitation of the time period for a judicial review to 6 weeks would again provide
alignment with the planning system and would reduce any period of uncertainty
following the issue of the initial decision. 
TRANSITIONAL ARRANGEMENTS: 
1. Do you agree with the above proposal for transitional arrangements? Why do you
agree/not agree? What impact would this have on you/your organisation?
AGREE
The proposed transition arrangements appear practicable. 
THE PACKAGE OF REFORMS: 
1. Having read the consultation, do you agree with the reforms as a package? Why do
you agree/not agree? What impact would they have on you/your organisation? 
AGREE
Generally agree with the package of reforms as this will create closer alignment
between energy consenting and the planning system in Scotland. The proposals
include prospective new duties for the Council as planning authority at pre-application
and acceptance stage which will give rise to additional resource implications that
should ideally be addressed through redistribution of a portion of the fees paid to the
Scottish Government to relevant stakeholders. The consultation recognises that the
efficiency of the consenting process is reliant on the timely and efficient engagement
from all relevant stakeholders however there is no discussion of how stakeholders will
be properly resourced to engage effectively. The Council is supportive of the principle
of full cost recovery within the regulatory process but would request that this principle
is also extended to the participation of other stakeholders who are acknowledged as
being critical to the provision of specialist advice and community representation.
2. What steps could we take to ensure the project planning process (including the pre-
application stage) can be completed as fast as possible?
It is suggested that a draft framework/checklist be prepared for applicants, setting out
exactly they require to prepare form the pre app stage, and for subsequent stages in
the project timeline.
It is also suggested that any reform of the electricity consenting process also considers
whether this should include formal provision for the reimbursement of costs on a full
cost recovery basis to the various stakeholders who are essential to the efficient
operation of the consenting process.