Application Guidance
Any proposal to construct or operate a power generation scheme with a capacity in excess of 50 megawatts requires Scottish Ministers' consent under section 36 of the Electricity Act 1989.
Schedule 9 of the Act places on the developer a duty to "have regard to the desirability of preserving the natural beauty of the countryside, of conserving flora, fauna and geological and physiological features of special interest and of protecting sites, buildings and objects of architectural, historic or archaeological interest". In addition, the developer is required to give consideration to Scottish Planning Policy 6 on Renewable Energy, other relevant Policy and National Policy Planning Guidance, Planning Advice Notes, the relevant planning authority's Development Plans and any relevant supplementary guidance.
Under the Electricity Works (Environmental Impact Assessment) (Scotland)(EIA) Regulations 2000, the Scottish Ministers are required to consider whether any proposal for a wind farm is likely to have a significant effect on the environment. In terms of these Regulations, we must consult the planning authority, Scottish Natural Heritage and the Scottish Environment Protection Agency and other relevant consultees.
Purpose of Scoping
Scottish Ministers are obliged under the EIA regulations to respond to requests from developers for a scoping opinion on outline design proposals.
The purpose of a scoping document is to provide advice and guidance to developers which has been collated from expert consultees whom the Scottish Government has consulted. It should provide clear advice from consultees and enable developers to address the issues they have identified and address these in the EIA process and the Environmental Statement associated with the application for section 36 consent.