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The proposed reforms are about making the determination process more efficient – not making it easier for projects to get consent or undermining thorough scrutiny of environmental impacts. Decisions will continue to be taken by Scottish Ministers on a case-by-case basis, weighing the impacts and benefits of each development.

Legislation does not currently allow for modifications, suspensions or revocations consents when errors in consents are found. Should any issues arise, an applicant must apply for a section 36 consent variation and go through the full variation process, including payment of a fee.

The number of section 36 variation applications consented in the past 5 years are as follows:

2024 – 5

2023 – 5

2022 – 4

2021 – 6

2020 – 1

I also refer the member to the answer to question S6W-35884 on 1 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

The proposed reforms will make pre-application consultation for electricity infrastructure projects a statutory requirement. This will increase opportunities for meaningful community input.

It continues to be critical that statutory consultees need to be adequately resourced and have a skilled workforce to carry out their responsibilities. The Scottish Government will engage and work closely with these bodies as it develops proposals for secondary legislation.

The proposed reforms will make pre-application consultation for electricity infrastructure projects a statutory requirement and also introduce an Acceptance Stage when Scottish Ministers can decline to accept applications which have not fulfilled the necessary requirements. These reforms will reduce timescales for processing applications and increase local input into project proposals.

The Scottish Government will publish detailed guidance on the Acceptance Stage and what happens if the relevant planning authority objects or if an application is not accepted.

At permission stage of the statutory appeals process, it will continue to be the case that any applicant who demonstrates sufficient interest and that their claim has a reasonable prospect of success can bring a challenge on decisions for onshore electricity consents.

Where a planning authority objects to an application made under the Electricity Act 1989 and that objection is not withdrawn, the Scottish Ministers must appoint a reporter to examine the application. Before determining whether to give consent, the Scottish Ministers must consider the objection and the reporter’s report.

The proposed reforms will instead introduce a more proportionate approach, tailored to individual development proposals and the circumstances relating to objections. This would align with established planning appeals processes in Scotland, and reduce the time taken to determine applications.

The proposed reforms will apply to applications for consent under section 36 and section 37 of the Electricity Act 1989 made to Scottish Ministers. Section 36 applications made to Scottish Ministers have a capacity of over 50MW. Therefore, it is not anticipated that the reforms will disadvantage smaller developers or community-led projects.

The costs of providing pre-application services and processing necessary wayleaves are currently paid for through the Scottish Budget. These new powers will allow the Scottish Government to set fees to recover these costs from service users. The standard approach to setting fee levels will be full cost recovery in accordance with guidance set out in the Scottish Public Finance Manual and the introduction of these new fees will all be subject to consultation.

I refer the member to the answer to question S6W-35885 on 1 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

The proposed reforms will apply to applications for consent under section 36 and section 37 of the Electricity Act 1989 made to Scottish Ministers. Section 36 applications made to Scottish Ministers have a capacity of over 50MW. Therefore, it is not anticipated that the reforms to introduce new fees for pre-application functions will reduce application numbers.