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Consultation on fees for consents - Chapter 4

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Chapter 4 - Conclusion

4.1 This research paper analysed the responses to the consultation on fees payable by applicants Electricity Act (Scotland) Regulations1990. The responses covered local authorities, private companies, trade bodies and individuals with an interest in the area.

4.2 26 responses to the consultation were received, the majority from local authority planning departments. Although there was a disappointing response from industry it should be noted that the Scottish Renewables Forum, who are the representative body for the renewables industry in Scotland, did respond.

4.3 Respondents across the five groups broadly accepted the proposed scale of fees proposed in the consultation document and the suggestion that planning authorities be recompensed for work they carry out on electricity act cases.

4.4 However, respondents rejected the proposed reimbursement arrangements outlined in the consultation paper. The concerns centred around the following:

  • the four month time limit in which to claim full reimbursement
  • a need to provide the Scottish Executive with a detailed breakdown of the costs incurred
  • that section 37 applications are based on voltage and not distance
  • that no fee is recovered for overhead lines not exceeding 132kv.

4.5 The Scottish Executive has reviewed the findings of the consultation and come to the following conclusions:

  • The four month time limit will be dropped and planning authorities will not be held to timescales for payment. Following this, the minimum fee payable to planning authorities will also be abandoned.
  • Planning authorities will still be required to produce invoices to the Executive after they have completed an application. This will allow the Executive to assess payment and comply with our financial and accounting practices.
  • We shall change the determining factor for section 37 applications from voltage based to distance based. From the responses we received during the consultation, the conclusion was reached that an incremental increase in fee structure proportionate to the length of line involved is the fairest and most effective method of cost recovery. A schedule for cost reimbursement based on distance has been created.
  • It is accepted that all applications requiring an EIA are resource intensive and, as such, local authorities should be reimbursed for costs incurred during these applications.

4.6 The Scottish Executive has also considered other issues which were raised by a fewer number of respondents. For example, no additional mega watt bandings for section 36 developments below 100 MW will be created.

Executive Summary

Chapter 1: Introduction

Chapter 2: Analysis of Responses

Chapter 3: Analysis of Questions

Annex A: Consultation Paper

Annex B: Distribution List

Page updated: Monday, April 11, 2005