Section 36 of the Electricity Act 1989 is the principal consent route used in Scotland for constructing, extending or operating onshore electricity generating stations with a capacity over 50 MW. Applications are made to Scottish Ministers and are administered by the Scottish Government’s Energy Consents Unit.

For an onshore Section 36 project, Scottish Ministers can also direct that planning permission is deemed to be granted under section 57(2) of the Town and Country Planning (Scotland) Act 1997. Projects at or below the relevant threshold are generally dealt with through the ordinary planning system, subject to the legislation applying to the particular technology and proposal.

Section 37 of the Electricity Act 1989 is the consent regime for installing and keeping installed overhead electric lines in Scotland, subject to statutory exceptions. Applications are made to Scottish Ministers and are administered by the Energy Consents Unit.

Section 37 cases can include associated ancillary development. The exact consent requirements depend on the line and project, so the application documents and current Scottish Government guidance should be checked for the specific proposal.

Scottish Ministers are the statutory decision makers for Section 36 and Section 37 applications in Scotland. The Energy Consents Unit administers the case, manages consultation and representations, and supports the determination process.

Since 18 February 2026, an unresolved objection by the relevant planning authority engages a reporter-led examination process under Schedule 8 to the Electricity Act 1989, as amended by the Planning and Infrastructure Act 2025. The reporter determines a proportionate examination procedure. That procedure may include consideration of existing or new written representations, hearing sessions, a site inspection and/or a public inquiry. The reporter then sends a final report and recommendations to Scottish Ministers.

No. The final Section 36 decision is made by Scottish Ministers, not the local planning authority. The planning authority is nevertheless an important statutory participant and provides its view on the proposal.

A planning authority objection can still have a major procedural consequence, but it no longer automatically triggers a public inquiry. From 18 February 2026, where the relevant planning authority objects and the objection is not withdrawn, Scottish Ministers must appoint a reporter to examine the application, subject to the statutory provisions concerning modifications or conditions that give effect to the objection. The reporter decides the appropriate examination procedure, which can include written procedure, hearing sessions, a site inspection and/or a public inquiry.

No, not under the procedure in force from 18 February 2026. The Planning and Infrastructure Act 2025 replaced the previous default public-inquiry requirement for Scottish Section 36 and Section 37 cases with a reporter-led examination process. Where the relevant planning authority objects and the objection is not withdrawn, Scottish Ministers must appoint a reporter to examine the application, subject to the statutory provisions concerning modifications or conditions that give effect to the objection.

The reporter must propose and then determine an appropriate procedure for the examination. The available procedures include considering existing representations, seeking new written representations, holding hearing sessions, carrying out a site inspection and holding a public inquiry. A public inquiry is therefore one available procedure, not the automatic consequence of a council objection. Transitional rules can affect objections made before 18 February 2026, so the application’s procedural history should also be checked.

A Section 36 consent under the Electricity Act is distinct from planning permission. For onshore projects in Scotland, Scottish Ministers may direct under section 57(2) of the Town and Country Planning (Scotland) Act 1997 that planning permission is deemed to be granted for the development.

This allows the electricity consent and planning permission aspects to be dealt with together. The decision documents should be read carefully because the consent, deemed planning permission and attached conditions can perform different legal functions.

Section 36 decisions are made under the Electricity Act 1989, but planning policy and environmental considerations remain important. National Planning Framework 4 (NPF4) forms part of Scotland’s statutory development plan system, together with the relevant local development plan.

The precise legal route is not identical to an ordinary planning application, so avoid assuming that every Town and Country Planning Act rule applies in exactly the same way. Representations should identify relevant NPF4 and local policies and explain how the project’s effects engage them.

National Planning Framework 4 is Scotland’s national spatial strategy and national planning policy. It forms part of the statutory development plan and is used alongside the relevant local development plan when planning decisions are made.

For energy projects, the correct approach is to read the relevant NPF4 policies as a whole, including their tests, safeguards and cross-references. A policy should not be reduced to a single sentence taken out of context.

Yes. The Scottish Government publishes guidance on how to support or object to energy consent applications, and the case page on the Energy Consents website gives the current submission arrangements and deadline.

Follow the method stated for that particular consultation. Submission methods can change, so do not rely on an old campaign’s instructions for a new case.

Section 36C of the Electricity Act provides a mechanism for varying an existing Section 36 consent. Scottish Government guidance explains the process for applications seeking changes to consents already granted for electricity generating stations.

A variation is not automatically equivalent to a completely new application. The scope of the variation, the environmental information and the consultation being undertaken should be checked carefully before preparing a representation.

For Scottish Section 37 transmission projects requiring an EIA Report, the Scottish Government published specific pre-application consultation and engagement guidance in 2025. It sets expectations for transmission operators to carry out consistent and meaningful engagement before the formal application.

Pre-application comments are important, but they should not be assumed to replace a formal representation after the Section 37 application is submitted. If you want your position considered in the statutory determination, follow the formal application-stage consultation instructions as well.

Scottish Government guidance explains that a consideration should relate to the purpose of planning and to the particular application. Examples can include national policy, local planning policy, environmental effects, design, infrastructure impacts, planning history, consultee views and legitimate public concern or support on relevant planning matters.

The decision maker determines the weight to give material considerations. The planning system is concerned with the public interest in the development and use of land rather than protecting one person’s private financial interest.

Yes, where the site or works may affect peat or carbon-rich soils. Relevant issues can include peat depth and condition, excavation, hydrology, peat slide risk, habitat effects, carbon calculations, restoration and the adequacy of avoidance and mitigation.

The strongest representation is project-specific: refer to the applicant’s peat surveys, peat management plan, carbon assessment, layout and relevant policy rather than making a generic statement that all peatland development is unacceptable.

Yes. Landscape and visual effects are routinely assessed for wind energy proposals and can be material to the decision. Relevant evidence may include landscape character, designated landscapes, residential visual amenity where applicable, cumulative effects, viewpoints, settlement setting and effects on recreational routes.

A visual objection is stronger when it identifies the receptor or viewpoint, the nature of the change and the relevant landscape or planning policy rather than relying only on statements that turbines are unattractive.

Yes. Operational and construction noise can be relevant planning and environmental considerations. Wind farm applications commonly include technical noise assessments and proposed limits or conditions.

A useful representation should identify the sensitive receptor or location, the concern with the assessment assumptions or methodology where known, and whether the proposed limits, monitoring and enforcement arrangements appear capable of controlling the predicted effect.