Date lodged: 26 July 2018
To ask the Scottish Government what procedure is followed in response to a request for extending the period at the expiry of which a deemed planning permission for an electricity generating station or overhead electricity line development would lapse, as initially directed by the Scottish Ministers under section 58 of the Town and Country Planning (Scotland) Act 1997, and what statutory provision allows for this procedure.
Answered by: Paul Wheelhouse 27 August 2018
The provisions within the Electricity Act and the Town and Country Planning (Scotland) Act do not allow for the Ministers to extend the expiry of the deemed planning permission. When a request to extend the period at the expiry of which a deemed planning permission for an electricity generating station or overhead electricity line development would lapse is received, an application can be made to the Energy Consents Unit to vary the section 36 consent under section 36C. Ministers when varying a section 36 consent can also direct (anew) that planning permission is deemed to be granted and so re-start a new period before that new planning permission will lapse. The Electricity Generating Stations (Applications for Variation of Consent) (Scotland) Regulations govern the procedure for variation applications under section 36C.