RTPI Scotland response to onshore electricity generation consultation

On 27 March 2026, RTPI Scotland submitted a response to the Scottish Government's consultation on the Electricity Act threshold for onshore electricity generating stations. Read the response below.

About the RTPI

At the Royal Town Planning Institute (the RTPI), we champion the value of planning in building thriving places and communities. With over 27,000 members worldwide, we support planners at every stage of their career: raising professional standards, shaping planning policy, and proudly awarding chartered status, the highest professional accreditation in UK planning.

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1. Should there be a single threshold applicable to all technologies?

Yes

RTPI Scotland supports the adoption of a single threshold across all types of electricity generating technologies. It is our view that the threshold should be determined by the ‘nationally significant’ level of energy generation/contribution and that this should not vary across different types of technology. Rather, a single threshold will help to ensure consistency and avoid the introduction of unnecessary additional complexities into the consenting process.

2. What threshold should apply for applications for electricity generation to be determined by planning authorities?

100MW

RTPI Scotland broadly supports a review of the current 50MW threshold that determines the point at which an application should be determined by a local planning authority or by Scottish Ministers. Many of our members have long held the view that the current threshold is no longer fit for purpose and must be reviewed as part of any package of reforms to the Electricity Act 1989 so that it better reflects technological improvements that have taken place since the original 50MW threshold was adopted in 1989. Such a review has already been undertaken in England and Wales, and we believe that Scotland should follow suit. RTPI Scotland supports a threshold increase to 100MW, bringing it in line with the adopted threshold for wind and solar in England. This would help to ensure greater consistency across the UK and would also assist local planning authorities who would then receive the full fee for a greater number of applications (as opposed to just 50% of the fee).

Notwithstanding the above, we do have concerns that any increase to the threshold across all technologies could have certain consequences that must be fully considered and resolved. For example, whilst increasing the threshold could bring more revenue to local authorities for certain applications, this will not necessarily translate into enhanced resource or capacity to assess an increased number of onshore electricity generating station proposals. The RTPI’s State of the Profession report found that in addition to a fall in planning funding since 2010 by 33%, local authority planning teams across Scotland have also experienced recruitment challenges, with the majority of Scottish planning authorities reporting at least one vacancy. Skills and knowledge gaps are also identified as a challenge in the report, with 36.5% of respondents highlighting energy and renewables as a particular specialist area where there are knowledge gaps within the planning profession.

In addition, we note that the application fee under the Electricity Act is calculated very differently than for applications submitted under the Town and Country Planning (Scotland) Act 1997 (1997 Act). Application fees under the 1997 Act are determined by the number of turbines and/or the site area, as opposed to the electricity generating capacity of the proposal (as is the case under the Electricity Act 1989). Also, under the 1997 Act, there is no distinction made between applications that require an EIA and those that do not when calculating the fee. In certain circumstances, this may result in some applications being required to pay a higher fee under the 1997 Act compared to what would have been required under the Electricity Act. This is particularly the case for onshore wind applications that are not required to submit an EIA. The cost for such applications of between 50MW and 100MW under the Electricity Act is £84,000, whereas under the 1997 Act such applications could trigger a fee of up to £178,500 depending on the size of the development. For other applications, the opposite may be the case – with local authorities finding that 100% of the fee for a 1997 Act application is far less than what they would have received as a statutory consultee receiving 50% of the fee for an application under the Electricity Act. For example, the fee for solar or hydropower generating station applications under the 1997 Act is capped at £29,760 – far less than the £42,000 a local planning authority would receive as a statutory consultee for a non-EIA application or the £75,000 it would receive for an EIA application.

The above highlights that increasing the 50MW threshold should not be seen in isolation as a solution to the resourcing challenges facing local planning authorities. Any increase to the threshold will need to be coupled with a review of the fees applied to applications submitted under the 1997 Act and the Electricity Act. This is essential to ensure that the fees charged remain proportionate for both developers and local planning authorities having regard to the scale and significance of the project, as well as the resources required to assess such applications.

In addition to any threshold increase or fee review, there must also be a commitment made to fully resourcing the whole planning system, as called for in RTPI Scotland’s Planifesto. This call recognises the importance of a long-term investment in forward plan-making. Such an investment would support local planning authorities in their role as both statutory consultees and decision makers, enhance consistency in the decision-making process, and provide additional certainty for developers seeking consent for energy generating stations.

3. Any change to the threshold would apply only to new applications. Do you have any comments on transitional arrangements?

RTPI Scotland broadly supports the introduction of transitional arrangements to accompany any alternation to the current 50MW threshold. Such arrangements should ensure that any applications already submitted, as well as projects that have undertaken extensive pre application investigations and engagement, are not unduly impacted by the amended threshold. Such transitional arrangements could be similar to those in England which, if adopted in Scotland, would enable developers for electricity generating station applications of between 50MW and 100MW to choose whether to be assessed under the 1997 Act or under the Electricity Act.

Beyond the question of transitional arrangements, we also note that Section 35 of the Planning Act (2008) in England, enables developers with applications under the 100MW threshold to apply to be treated as a project of national significance, and assessed under the NSIP regime rather than under the Town and Country Planning Act 1990. In addition, the Planning and Infrastructure Act 2025 has now introduced an opt-out option for NSIPs to be assessed under the Town and Country Planning Act regime. We believe that adopting a similar opt-in/opt-out approach in Scotland in the longer term would build enhanced flexibility into the system, enabling developers to make the case for proposals below the 100MW threshold to be treated as nationally significant projects under the Electricity Act 1989, or for proposals above the 100MW threshold to be decided by the local planning authority under the Town and Country Planning (Scotland) Act 1997. We believe adopting a similar approach in Scotland, together with the threshold increase, would enhance consistency across the nations, as well as help to absorb any unintended shocks that may arise as a consequence of the threshold change.

Notwithstanding the above, we wish to emphasise that such long-term flexibility will only be successful if it is founded upon a planning system that has instilled within it clarity and consistency in decision-making across both national and local governments. Anecdotally, we have heard from our members in both the public and private sectors that such clarity and consistency are currently lacking with respect to energy consenting in Scotland between local planning authorities and the Energy Consents Unit. This has resulted, we have heard, in a perception that decision outcomes can vary drastically between a 50MW proposal assessed by the local planning authority, and a 51MW proposal assessed by the ECU. Such perceptions could have the unintended consequence of shaping applicant behaviour if long-term flexible approaches are built into the consenting system, potentially creating bottlenecks in the consenting regime that is deemed to be more favourable, or which is understood to have faster decision-making timeframes.

Although we are broadly supportive of greater flexibility being built into the energy consenting system, it is vital that there be a clear and consistent approach embedded into the decision making of both consenting regimes that places Scotland’s Development Plan at its core. This further supports our view that increasing the 50MW threshold should not be seen in isolation as a solution. It must be coupled with a commitment to the long-term investment in forward plan making and to a fully resourced planning system to help achieve clarity and consistency in the decision-making process.

4. Do you have any other comments to add?

A further consequence of a threshold change is the likelihood that an increase in the number of applications assessed under the Town and Country Planning (Scotland) Act 1997 will be coupled with an increase in the number of planning appeals lodged with the DPEA. This could have further resource implications on local planning authorities, as well as on communities who are interested parties to an application. Full consideration will need to be given to the potential implications on local planning authorities and communities as part of any proposal to increase the threshold.

Having regard to the potential implications of a threshold increase on Scotland’s communities, we have previously emphasised the importance of pre-application community engagement that empowers communities to articulate their needs and shape the options for projects coming forward before proposals are set in stone. In our response to the Scottish Government’s consultation on Community Benefits from Net Zero Energy Developments, we called for clear guidance which sets a standard for community engagement practices that focus on ‘outcomes’ rather than ‘actions’, along with better communication standards, such as follow-up reporting and increased time for representations. This would ensure accountability for applicants in the pre-application stage to create genuine engagement with communities, rather than a ‘tick-box’ exercise. Such an approach could also help to manage any potential consequences from a threshold increase that could impact communities, as well as help to increase local authority and community support.

5. Do you have any comments on the partial and draft impact assessments undertaken?

The Partial Business and Regulatory Impact Assessment correctly acknowledges that the fee structures for applications submitted under the Town and Country Planning (Scotland) Act (1997 Act) and the Electricity Act are not directly comparable. As submitted in our response to question 2 above, this may result in some applications being required to pay a higher fee under the 1997 Act compared to what would have been required under the Electricity Act. For other applications, the opposite may be the case – with local authorities finding that 100% of the fee for a 1997 Act application is far less than what they would have received as a statutory consultee receiving 50% of the fee for an application under the Electricity Act.

In order to ensure any threshold increase does not result in unduly onerous consequences for developers or local planning authorities, it must be coupled with a review of application fees for proposals submitted under the 1997 Act and Electricity Act. We believe this is vital to ensure that the fees under both consenting regimes remain proportionate for both developers and local planning authorities, having regard to the scale and significance of the project, as well as the resources required to assess such applications.

In addition to the above, any threshold increase should be coupled with measures to help absorb unintended shocks that may arise from the threshold change. As highlighted in our response to question 3, we support the adoption of transitional arrangements to enable applicants with proposals that fall between 50MW and 100MW to choose whether their project is assessed under the 1997 Act or under the Electricity Act. Beyond this, we also cautiously support the adoption of a process that would enable developers whose projects fall under the 1997 Act, to apply to Scottish Ministers to have their proposal assessed under Section 36 of the Electricity Act, or vice versa. We believe the adoption of such flexible mechanisms could go some way to address the potential consequences of an increase to the threshold, provided it is also coupled with a commitment to the long-term investment in forward plan-making and to a fully resourced planning system to help achieve clarity and consistency in the decision-making process.