Energy / Could changing planning threshold result in more energy projects being determined locally?
THE SCOTTISH Government is consulting on raising the threshold for when planning decisions on onshore electricity generation projects – including wind farms – are taken out of local control.
An increase could allow Shetland Islands Council to determine whether to approve more larger scale energy developments itself.
At the moment the threshold for decision making moving to the Scottish Government is a generating capacity of 50MW, but the consultation raises the idea of this increasing to 100MW or 150MW.
It appears the only proposed local onshore wind project which could be affected by an increase is Shetland Aerogenerators’ Neshion energy park, which is slated for land near to Sullom Voe Terminal and could contain turbines and battery storage.
The potential generating capacity is above 50MW, so planning permission would currently be determined by Scottish ministers – with Shetland Islands Council only a consultee.
But a shift to a 100MW or 150MW threshold would see a planning decision taken locally by the council.
A planning application for Neshion is expected to be submitted this year.
Chair of Shetland Islands Council’s environment and transport committee Moraig Lyall said she would like to see all planning decisions made by the local authority where the development is located.
But she also expressed worry that the government would “cave in” to appeals from developers who are turned down at a local level.
Planning decisions on energy projects being taken outside of Shetland has been a bugbear for many over the years.
A number of onshore wind projects in Shetland have received consent from the Scottish Government due to their capacity, including Viking (443MW), Energy Isles (126MW) and Beaw Field (72MW) – although only the former is operational, with the latter two yet to be constructed.
The government also gave planning permission for a battery energy storage system which is currently being constructed opposite Lerwick Power Station.
Shetland Islands Council’s planning committee was in a position to determine the 12-turbine Mossy Hill wind farm proposed just outside of Lerwick in 2019, because its total capacity was just under the threshold at 48MW.
Yet to be constructed, current developer Statkraft acquired the Mossy Hill project in 2023 and has since proposed a revised layout, but this will still be under the threshold at around 36MW.
Other proposed projects in Shetland, including ammonia plants, stand to be dealt with by the council as they do not involve electricity generation.
However, there are some occasions where Scottish ministers may use a power to intervene in the determination of a planning application.
Introducing its consultation, the government said the volume of applications made to Scottish ministers has more than quadrupled over the last 20 years, with 15 applications made between 2001/03 and 70 between 2021/23.
With turbine technology evolving over the years to offer larger generators, applications are now more likely to reach the 50MW threshold.
The consultation explains that when an application is received by Scottish ministers, a consultation must be carried out with statutory consultees which include the local planning authority, NatureScot, SEPA and Historic Environment Scotland.
A range of other organisations are consulted, including community councils, while the public can also make their views known too.
Ministers must then consider the application and environmental information, and balance all material considerations including those raised in objection, before making any determination.
The technologies which Scottish ministers determine include onshore wind, solar power, battery energy storage systems and pumped storage hydro.
Councillor Lyall, who represents the Shetland Central ward, said she supports greater local determination of planning applications.
“In fact, I would like to see all planning decisions taken by the local authority where the development is located,” she said.
“I would still be anxious though that the Scottish Government would simply cave in to appeals from developers who are turned down at a local level.
“There would also need to be an ability to set the fees for applications locally as, currently, these are set at a national level and are often insufficient to cover the work involved in the larger projects, effectively meaning that the local authority is subsidising the project.”
A supporting document for the consultation said previous engagement highlighted how the renewable energy industry was largely not in favour of increasing the 50MW threshold.
“Reasons given were that members value the strategic oversight and consistency which can be afforded where decision-making is centralised,” it added.
“Industry respondents also commented that procedures under the Electricity Act are well-established and understood, supporting confidence in decision-making.”
The document also highlighted how planning authorities would stand to receive more income in fees if they were to determine more large-scale applications.
The consultation is due to run until 27 March.
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