As Scotland considers reforms to its electricity consenting framework, PhD researchers Tayo Gbemi, Stephanos Theodorou, and Andrew Walters, on behalf of AUCEL have submitted a joint response addressing key legal and regulatory questions on thresholds, system efficiency, and impact assessments.
The consultation examines whether the current 50 MW threshold for onshore electricity generation projects, which determines whether applications are decided by Local Planning Authorities (LPAs) or at the national level, remains fit for purpose. The proposed reform is driven by the need to accelerate renewable energy deployment, enhance the efficiency and capacity of the consenting system, and ensure robust assessment of environmental impacts. The consultation raises six questions on threshold review and design, the structuring of transitional arrangements, and feedback on the draft impact assessments.
In response, the researchers argue against a single uniform threshold, emphasising the distinct functional role of Battery Energy Storage Systems (BESS) in supporting grid stability and enabling renewable integration. They propose a dual-threshold model, with a higher threshold for BESS and a separate uniform threshold for other renewable generation technologies. Their response also highlights the importance of clear, time-bound transitional arrangements, supported by national guidance and targeted capacity-building measures within LPAs to ensure consistent and effective decision-making.
Beyond threshold reform, the submission engages with the consultation’s draft impact assessments, calling for greater clarity on the evidential basis for conclusions and stronger consideration of cumulative environmental and place-based impacts, including those affecting island communities.
The response is informed by the researchers’ combined expertise in multi-jurisdictional renewable energy governance, energy planning and environmental law, as well as place-based engagement within Scotland’s energy and planning landscape.
The full response can be accessed here.