New fears over plans to speed up consenting process for large energy projects

The proposed changes – which focus on modernising and removing alleged inefficiencies within the Electricity Act 1989 processes – will, in theory, provide developers and communities with an updated system when it comes to submitting and commenting on plans for large clean energy projects.

Communities in the Scottish Borders are already up in arms regarding the over-proliferation of wind farms, and this new consultation has ignited fears that a revised, slimmed down, energy consents system could enable developers to bulldoze through projects at a faster pace.

The reforms put forward by the UK and Scottish governments will supposedly give communities ‘early’ and ‘meaningful’ opportunities to be heard. This will tackle all stages of the consenting journey – from the pre-application requirements, the appeals system, public inquiries, as well as changes to planning consents.

However, questions have been raised over whether it will actually reduce levels of accountability for developers. 

The intention for this revised system will be to reduce the number of public inquiries, which are currently automatically engaged if a local planning authority objects to an application. These generally take about 18 months and the Government’s figures show have cost the Scottish government £1.9 million since 2021.

Local people who live in communities affected by green energy projects, such as onshore wind farms, are questioning whether it will actually deliver a fairer system.

This could be a major step by the government to try to speed up the consenting process. The system right now is outdated so this consultation could, in some ways, be a step in the right direction. However, many of the concerns about future energy projects aren’t going to be addressed.

The key issue in the Borders is the over-proliferation of wind farms and lack of joined up and strategic thinking when it comes spatial planning and the cumulative effect of these developments.

Look at the example of Wull Muir Wind Farm near Heriot. Scottish Borders Council (SBC) first turned down the Wull Muir scheme in 2020 and an appeal to the Scottish government failed, then the so-called revised plans were refused again by the Council this year – a decision which the developers are now seeking to overturn on appeal. Between the Council and the government, so far this project has been rejected three times. Would this revised planning system actually take the views of the community more seriously and mean that developers aren’t able to submit appeal after appeal?

By modernising the planning system, the Governments’ intentions here will not mean fewer wind farms, far from it in fact. Is it going to create a system that allows developers and planners to circumvent local communities and local concerns in a bid to speed up the planning process? What exactly do they mean by ‘early’ and ‘meaningful’ engagement with local communities? Will it give us an improved approach to renewable energy development or will it actually cut key local stakeholders further out of the picture? Only time will tell.

The consultation aims to half the time it is taking to get projects approved which at the moment is said to take about four years in Scotland and would align regulations in Scotland to those in England and Wales. This would mean that developers will need to fully and properly engage with local communities before submitting an application. Any Court appeals or judicial reviews would have to be raised within six weeks.

The UK government thinks that the current planning system in Scotland creates uncertainty for investors and communities, which is leading to higher costs being passed onto bill payers.

The evidence for this is slender at best; the country is flooded with wind farm applications.

The consultation, which closes on 29 November 2024, will gather views and evidence on the reform proposals.

More information on the consultation can be found here: https://www.gov.uk/government/consultations/electricity-infrastructure-consenting-in-scotland