Navigating the Consenting Process_Renewable Energy Developments

Planning and its related legislation is changing all the time.

PLANNING REFORM >

On 18 Dec 2025, a Landmark Planning and Infrastructure Bill became law. This act is aimed at speeding up the consenting process for housebuilding, reservoirs and support clean power projects being prioritised for grid connections to bolster Britain’s energy security.  Landmark Planning and Infrastructure Bill becomes law – GOV.UK

Key takeaways are:

  • Planning and Infrastructure Bill received Royal Assent slashing delays and costs to get homes and critical infrastructure built faster
  • Sweeping measures will accelerate reservoirs and prioritise electricity connections to drive growth, create high-paying jobs, and bolster homegrown clean energy
  • New law at the heart of government plans to build 1.5 million homes and meet 150 decisions target on major infrastructure

Although the Act was passed in England, this also brings Scottish Planning / Scot Gov closer to the UK-wide system; and has a specific bearing on Section 36 of the Electricity Act 1989.  For example – for the latter – the consultation period for the Local Authority is reduced from 3 months to 6 weeks on ‘priority applications’ (which includes transmission lines and grid connections).  Changes from this Act will come into full effect from 18 Feb 2026.

For more information on Section 36 Applications see:  https://www.scotborders.gov.uk/planning-building-1/windfarms

PLANNING ADVICE >

To assist those involved in the planning process – from an individual, to a community and/or community body, even to a Local Authority – Planning Advice Scotland (a charity funded by Scottish Government which supports the Planning System) are in the process of compiling a set of Advice Notes, to guide on processes.  Strathnairn Community Council is attending a series of seminars at present on this (over Jan & Feb 26).  We have been made aware that whilst advice notes and emerging information is current now, it may change (and at speed), so please be aware of the date of issue when sharing or circulating information. The first of the guidance notes we are sharing is Navigating the Consenting Processes for Renewable Energy Developments, as this one is of specific relevance to Strathnairn and neighbouring communities.  Navigating-the-Consenting-Processes-for-Renewable-Energy-Developments

ONGOING ENGAGEMENT AT A COMMUNITY LEVEL >

The consenting route is complex and complicated.  Conflicts are to therefore be expected.  A good illustration of this lies between the application of the following two policies alone: Policy 11 | Energy & Policy 4 | Natural Places – in relation to large scale energy developments and the conflicts which can be expected when considering consent.  Clearly the interests of the applicant and other parties with an interest (stakeholders, statutory consultees, host and affected communities, etc) may differ; and therefore NPF4 must be understood and applied as a ‘whole’;

Therefore, do we as a community still get involved? Yes, we should engage; and if we as an individual or as a community feel strongly enough about matters connected to planning, we need to ensure our voice is still heard.

Strength typically comes from coming together – working as a group, as a community or in bringing several groups together with a shared interest – to challenge matters connected to planning; specifically challenging ‘materials conditions’ which come through this process/appear in applications.

Planning should, above all, be evidence-led.