These changes aim to reduce lengthy approval times, which can currently stretch up to four years, and to encourage investment by providing a more predictable and efficient system.
The reforms come in response to outdated legislation, last revised in 1989, which has made it difficult for large-scale electricity projects like wind farms and power lines to gain timely approval. Scotland’s energy projects have often faced delays that double the average approval times seen in England and Wales, where previous reforms have streamlined processes. These prolonged timelines create uncertainty for investors and contribute to increased costs for end users, often resulting in higher bills.
The reforms also include updates to the appeals process, introducing standardised criteria and a six-week limit for objections. This measure addresses the current situation where challenges to large projects can be delayed for months due to the judicial review process, which currently allows objections to be raised within three months.
Additionally, the public inquiry process—automatically triggered when planning authorities object to new infrastructure—will be overhauled. Instead of lengthy inquiries, decision-making may be adapted on a case-by-case basis under guidance from a specialist reporter, reducing costs and time for applicants and government alike.
Scotland’s Energy Minister, Michael Shanks, underlined the importance of these reforms for both the environment and the economy. “Scotland has huge potential to propel the UK towards our clean power by 2030 goal,” he noted. “Together with the Scottish government, we are modernising outdated bureaucratic processes to make sure Scotland is firmly open for business as we build the UK’s clean energy future.”
Acting Cabinet Secretary for Net Zero and Energy, Gillian Martin, echoed this sentiment, emphasising that the reforms provide a robust and transparent system for clean energy approvals. “These long-awaited UK legislative reforms will help support Scotland realise our clean power ambitions, while providing investors with confidence that a more robust and efficient process is being applied,” she stated.
The proposed reforms also include changes to planning consent, allowing Holyrood to revoke, suspend, or vary consents in specific circumstances, enabling necessary adjustments without requiring developers to restart the application process. Moreover, a new fee structure for wayleave applications—used to place overhead lines on private land—aligns Scotland with similar practices in England and Wales, ensuring the system can manage the anticipated surge in applications as clean energy initiatives expand.
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