New, clean energy infrastructure in Scotland
In 2024, it was announced that the planning process for new, clean energy infrastructure in Scotland would be improved under UK and Scottish government proposals in a bid to reform dated legislation, which has often been blamed for the significant delays in projects being built.
Given that it can take up to four years to approve large-scale electricity infrastructure projects in Scotland – including power lines and onshore wind farms – there has been mounting pressure for change from industry players. The legislation was established back in 1989, when the number of energy projects coming forward was much lower. It’s no longer fit for purpose, leading to increased uncertainty for investors and communities and higher costs being passed onto the bill payer.
Reform of the legislation aims to help unlock Scotland’s significant pipeline of energy projects, while driving forward the clean power mission and energy independence and signalling Scotland is firmly open for business. All decisions on new energy infrastructure projects in Scotland are devolved and applications for generation projects over 50 MW, and transmission infrastructure of 132 kV (132,000 volts) and above, are made to the Scottish Government Energy Consents Unit.
Levelling up
The Scottish Government’s latest guidance, published in February 2025, recognises new overhead line projects of 132kV and above as priority applications, requiring determination within 52 weeks of application.
To be eligible for ‘priority’ status, projects must be either ‘strategic infrastructure’ increasing network capacity or new lines that facilitate multiple generation connections, for example multiple wind farms. This move now brings Scotland’s regulations in line with England and Wales, where decisions are made in roughly half the time as a result of previous legislative reforms to streamline the process.
You may recall Scottish ministers recently approving SP Energy Networks’ Kendoon to Tongland Reinforcement project: five separate consent applications for 132kV overhead lines carried on steel pylons and wood poles between the Kendoon substation, through Galloway Forest Park to the Tongland substation near Kirkcudbright. The decision took almost four years after the applications were submitted and two-and-a-half years after the public inquiry.
The project will replace outdated infrastructure, which can no longer be maintained, to avoid the risk of power outages across the Dumfries and Galloway area and increase provision of renewable energy to the network. When delivering their decision to approve the project, ministers concluded that the public interest in this case lies in the need for the urgent upgrade of strategic electricity transmission infrastructure. There was much annoyance about how long this decision took, reinforcing the need for reform.
Consulting from the outset
The wider consultation – a collaboration between the UK and Scottish governments – goes one step further and proposes making it a requirement that communities and wider stakeholders be consulted from the outset at pre-application stage. At Copper, we work with clients who already consult at this stage.
But, why, you may ask, if it’s not law?
They already acknowledge the importance of stakeholder engagement and giving communities early and meaningful opportunities to be heard. Some sceptics believe the consultation process is little more than a tick-box exercise for industry players; however, we see, time and time again, our clients incorporating vital public feedback and viewpoints into their revised proposals and subsequently, more agreeable plans being finalised. Admittedly, costs will always play a role in decisions, but two-way conversations between developers and communities mean moving forward based on all the facts and clear information. Whether you sit on your local community councils or chair the local wildlife group, your opinion counts.
Would increasing engagement not slow things down even more?
The reason behind involving communities at an earlier stage is actually to improve the quality and speed of applications, with new powers for the Scottish Government to reject any that do not meet requirements. We can help remove potential delays or complications that could arise further down the line, thus de-risking the entire project and programme.
Additional reforms
And it doesn’t stop there. There are additional reforms, including the following.
- Standardising the appeals process, with set criteria for challenging decisions on new energy infrastructure and a six-week time limit during which objections can be brought forward. Challenges to large onshore projects must be brought by judicial review within three months currently, sometimes leading to delays.
- Reforming the public inquiry process which is automatically triggered when planning authorities raise objections to new energy infrastructure. These inquiries, on average, take 18 months, costing the Scottish Government a huge £1.9 million since 2021. Under the proposals, inquiry sessions will still be held where necessary, but other forms of decision-making will also be deployed on a case-by-case basis.
- New powers allowing the Scottish Government to revoke, suspend or vary consents for energy infrastructure projects under certain circumstances, enabling amends to be made without the need for the applicant to restart the entire process.
- Power for the Scottish Government to charge developers a fee for submitting wayleave applications to place overhead lines on private land. Similar fees are charged in England and Wales and this would assist the Scottish Government to meet an expected increase in applications in the rollout of new clean energy projects as we work towards net zero.
The UK and Scottish governments have worked closely on the proposals in this consultation and will continue to do so ahead of next steps. The plan is for reforms to be implemented mainly through amendments to the Electricity Act 1989 when parliamentary time allows.
Placing communities at the heart of the decision-making process
As stakeholder engagement experts, Copper welcomes any reforms placing communities at the heart of the decision-making process. Those living and breathing near proposed development sites know exactly the challenges and considerations developers must be made aware of.
Although not all energy infrastructure projects will be favoured by the public, we must recognise the need for Scotland to accelerate alongside its counterparts, particularly when we were one of the first countries in the world to declare a climate emergency and have ambitious green goals to meet in the coming years.
If you’d like to discuss any of these changes in more detail, please get in touch with the relevant member of the team:
- Sarah Fowler – Account Director
- Tom Bennett – Transmission Lead
- Laura Sutherland – Scotland Lead