Onshore electricity generation: increasing the threshold for applications under The Electricity Act

Overview

We are consulting on increasing the 50 megawatt (MW) threshold which determines whether applications for onshore electricity generating stations are decided by Scottish Ministers or by the relevant planning authority.

Background

In Scotland, applications for onshore electricity generation projects are considered through two different routes.

The Scottish Ministers are responsible for deciding applications to build, operate or modify onshore electricity generating stations with capacities exceeding 50MW under powers contained in the Electricity Act 1989. Where consent is granted under Section 36 of the Electricity Act 1989, Scottish Ministers have the power under the Town and Country Planning (Scotland) Act 1997 to grant ‘deemed’ planning permission.

Applications concerning onshore electricity generating stations with capacities of 50 MW or less are largely decided by planning authorities under the Town and Country Planning (Scotland) Act 1997, as amended.

Increasing the 50MW threshold, whether for all or only some technologies, would transfer responsibility for deciding more applications to planning authorities for consideration.

Consultation Paper

Read the consultation paper.  The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.

Partial Business and Regulatory Impact Assessment (BRIA)

The Partial Business and Regulatory Impact Assessment (BRIA) estimates the costs, benefits and risks linked to increasing the 50MW threshold.  You may also find this helpful to read or refer to while responding.

Consultation questions preview

The consultation questions are included here for your reference. Please click 'Begin consultation' at the bottom of this page to proceed.

  1. Should there be a single threshold applicable to all technologies?
  2. What threshold should apply for applications for electricity generation to be determined by planning authorities?
    • 50MW
    • 100MW
    • 150MW
  3. Any change to the threshold would apply only to new applications. Do you have any comments on transitional arrangements?
  4. Do you have any other comments to add?
  5. Do you have any comments on the partial and draft impact assessments undertaken?
  6. Do you have any suggestions for additional sources of information on the potential impacts of the proposals that could help inform our final assessments?

Useful information about responding to this consultation

As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.

Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.

On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.

After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.

All relevant submitted responses will be analysed. This may be carried out by third party organisations who Scottish Government, its executive agencies or non-ministerial offices, contract to do this work. Such data sharing will be governed by appropriate contractual arrangements to keep your data secure.

An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us.

You can also join our consultation mailing list where we regularly list newly published analysis reports (as well as new consultations).

Why your views matter

Consultation responses will be collated and used to inform the development of any future proposals. A formal Scottish Government response to the consultation will be published in due course, setting out the conclusions drawn and next steps.

Give us your views

Closes 27 Mar 2026

Opened 30 Dec 2025

Interests

  • Building and Planning
  • Energy
  • Main hub