Electricity Act application fees consultation

Blog by Lee Murphy, Partner, Harper Macleod

As we advised in a previous alert, the Scottish Government is currently consulting on a new fee structure for planning applications in Scotland. The Government has now launched a consultation proposing the revisal of the fee structure for electricity generating stations. These fees are currently set by The Electricity (Applications for Consent) Amendment (Scotland) Regulations 2006.

Onshore electricity generating stations of less than 50MW are determined by the Planning Authority under The Town and Country Planning (Scotland) Act 1997. Applications for electricity generating stations of more than 50MW onshore and 12-200 nautical-miles offshore, those of more than 1MW within Scottish Territorial Waters, and applications for overhead lines are considered by Scottish Ministers under The Electricity Act 1989. The Government is concerned there would be a discrepancy with the planning applications fees.

The consultation seeks views and poses the following questions:

1. Should the fee for applications >50MW be set in line with those <50MW?

2. Should the application fee be capped at £100,000?

3. Should applications for thermal generation stations incur a larger fee?

4. Should applications for s37 Overhead Lines be raised in line with those for s36 Generating Stations?

5. Should the fee for applications not exceeding 10MW be retained at the current level?

6. Should the portion of the fee for onshore applications under The Electricity Act paid to Planning Authorities be split with half paid at the time of application and half paid when a full consultation response is received?

The consultation paper can be found here:

http://www.scotland.gov.uk/Resource/0039/00393472.pdf

If you require any further information please contact Lee Murphy.

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