This is the APRS response to a Scottish Government consultation on increasing the threshold for onshore energy generation applications under The Electricity Act. We want to see all onshore energy applications to be decided at Local Authority level. Response sent 10th February 2026
We have been speaking to communities about energy infrastructure and the planning system for the past couple of years and similar themes have been coming out about the ECU consenting process which excludes important local elements in the decision making process. Most importantly this is the element of local accountability and local democracy with, even local authorities themselves, having very little say in the consenting. Local communities have even less involvement in some of the most impactful developments that happen in their areas.
For our Battery Storage and Planning report published in December 2025 we looked at all consents given for BESS in Scotland up to end June 2025, and in detail at all decisions made by ECU and a sample of those taken by local authorities. In this research we found that ECU decisions were not tending to take NPF4 into account, and that many ECU decision disregarded recommended conditions from local authorities. One of our conclusions from the report was that all decisions on BESS consenting should be shifted to local authority level and away from ECU. We believe that the argument is as strong for doing this for all forms of onshore energy generation. One of the key advantages in doing this would be that energy generation can then become part of local development plans. This means that bodies such as NESO, as well as other stakeholders, can be consulted on the spatial element of the planning in order to tie up with grid, and that demand can be much better tied up with delivery in a plan-led approach, rather than relying on the current developer-led system.
1. Should there be a single threshold applicable to all technologies?
Yes
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2. What threshold should apply for applications for electricity generation to be determined by planning authorities?
50MW 100MW 150MW
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All onshore energy generation including BESS, solar and onshore wind applications should be decided by local authorities to help ensure better local democratic accountability, more balanced decision making and ensure that the whole of NPF4 is more transparently considered in decision making. In England all decisions on BESS are taken by planning authorities at present.
Giving Local Planning authorities the role of decision making on all onshore energy applications would allow decisions to be made democratically at the local level with opportunity for decisions to reflect local sensitivities, priorities and needs. Local communities need to be represented and have a meaningful role in the consenting process, which they do not under ECU processes. This approach would allow for enhanced local democratic input as well as giving better local accountability and increased transparency.
Decision making at local authority level means that NPF4 could be applied more effectively, and with a more spatial dimension. And could prioritise local social and economic effects of development to better benefit local communities.
It would also give the opportunity for energy generation to be included in Local Development plans and for the plan-led system to apply to energy projects, as well as other development.
3. Any change to the threshold would apply only to new applications. Do you have any comments on transitional arrangements?
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4. Do you have any other comments to add?
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Local Authority Planning teams are very under resourced so the decision making role would need to be accompanied by the payments that are made to ECU at present for their decision making. See below for table of charges
| Construction, or construction and operation, of generating station (depending on capacity) | Fee payable (non-EIA) | Fee payable (EIA) |
|---|---|---|
| <10 MW | £6,500 | £7,000 |
| 10 MW – 50 MW | £25,000 | £35,000 |
| 50 MW – 100 MW | £70,000 | £125,000 |
| 100 MW – 300 MW | £100,000 | £180,000 |
| >300 MW | £150,000 | £280,000 |
Table 1: Fees payable to submit planning permission for BESS of various sizes Source: The Electricity (Applications for Consent and Variation of Consent) (Fees) (Scotland) Regulations 2019
5. Do you have any comments on the partial and draft impact assessments undertaken?
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