2013 No. 304
The Electricity Generating Stations (Applications for Variation of Consent) (Scotland) Regulations 2013
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 36C(2) and (3) and 60 of the Electricity Act 19891 and all other powers enabling them to do so.
Citation, commencement and extent1
1
These Regulations may be cited as the Electricity Generating Stations (Applications for Variation of Consent) (Scotland) Regulations 2013 and come into force on 1st December 2013.
2
These Regulations extend to Scotland only2.
Interpretation2
In these Regulations—
“the Act” means the Electricity Act 1989;
“applicant” means, in relation to a variation application, the person who made the application;
“the EIA Regulations” means the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 20003;
“environmental statement” has the meaning given by regulation 2(1) of the EIA Regulations as modified by regulation 5;
“generating station” includes a proposed generating station;
“offshore generating station” means a generating station that is, or is to be, located within—
- a
a Renewable Energy Zone; or
- b
waters in or adjacent to Scotland which are between the mean low water mark and the seaward limits of the territorial sea;
- a
“proposed development” means—
- a
the generating station, or extension of a generating station, which the applicant would be authorised to construct under a relevant section 36 consent if that consent were varied as requested in a variation application;
- b
the way in which a generating station so constructed or extended would be authorised to be operated under the relevant section 36 consent as so varied; and
- c
any section 57 development in respect of which section 36 consent is not required;
- a
“relevant section 36 consent”, in relation to an application, means the section 36 consent in respect of which that application is made;
“section 36 consent” means a consent under section 36 of the Act to construct, extend or operate a generating station including any variations to that consent already made under section 36C(4) of the Act;
“section 57 development” means any development in respect of which—
- a
a section 57 direction was given on granting the relevant section 36 consent; or
- b
the applicant, on making a variation application, requests the Scottish Ministers to give a section 57 direction;
- a
“section 57 direction” means a direction under section 57(2) or (2ZA) of the Town and Country Planning (Scotland) Act 19974 (deemed planning permission for development with government authorisation); and
“variation application” means an application made to the Scottish Ministers under section 36C(1) of the Act (variation of section 36 consents) to vary a section 36 consent.
Content of variation applications3
1
A variation application must—
a
be made in writing;
b
describe the proposed development and identify the location of the proposed development by reference to a map;
c
explain why it is proposed that the relevant section 36 consent should be varied; and
d
include—
i
a draft of the variations which it is proposed should be made to the relevant section 36 consent;
ii
copies of any maps or plans not referred to in the relevant section 36 consent which it is proposed should be referred to in the relevant section 36 consent as so varied; and
iii
particulars of—
aa
the relevant section 36 consent, and, if that consent was not granted to the applicant, how the applicant has the benefit of that consent; and
bb
any section 57 direction given on granting the relevant section 36 consent.
2
If it is proposed that the Scottish Ministers should on varying the relevant section 36 consent make a section 57 direction, the application must—
a
explain why it is proposed that the section 57 direction should be made; and
b
include—
i
a draft of the proposed section 57 direction; and
ii
copies of any maps or plans not—
aa
referred to in the relevant section 36 consent or any section 57 direction given on granting the relevant section 36 consent; or
bb
included in the application in accordance with paragraph (1)(d)(ii),
to which it is proposed should be referred to in the section 57 direction.
Publication and service of notice of application4
1
Notification of the variation application must be given in accordance with this regulation.
2
The applicant must—
a
publish on a website (“the application website”)—
i
a summary of the variation application;
ii
a copy of the application;
iii
a link to the relevant section 36 consent, any section 57 direction given on granting it and any statement (in the form of a decision letter or otherwise) given by the appropriate authority under regulation 10(3) of the EIA Regulations when granting the relevant section 36 consent; and
iv
any environmental statement prepared in relation to the proposed development;
b
serve a copy of the variation application on the planning authority (if any);
c
publish notice of the variation application—
i
in two successive weeks in one or more local newspapers; and
ii
in the Edinburgh Gazette and in one or more national newspapers; and
d
other than where the variation application relates to an offshore generating station, serve notice of the variation application on the owner and occupier of the land to which the variation application relates.
3
If the variation application relates to an offshore generating station, the applicant must also publish notice of the application—
a
in Lloyd’s List; and
b
if there are in circulation one or more appropriate fishing trade journals which are published at intervals not exceeding one month, in at least one such trade journal.
4
The notices required by paragraphs (2)(c) and (d) and (3) must—
a
not be published or served, as the case may be, before the applicant has complied with paragraph (2)(a) and (b);
b
state—
i
that an application to vary a relevant consent has been made under section 36C of the Act;
ii
the address of the application website, and that further information about the application is to be found on the application website;
iii
the date by which representations about the variation application may be made to the Scottish Ministers by any person other than the planning authority; and
iv
the address to which any such representations are to be sent; and
c
identify—
i
the applicant;
ii
the relevant section 36 consent;
iii
the generating station to which it relates; and
iv
a place which is reasonably accessible to those likely to be affected by the proposed variation where copies of the variation application and any environmental statement prepared in connection with the variation application may be inspected.
5
The date to be stated in the notice in accordance with paragraph (4)(b)(iii) must—
a
in the case of a notice to be published under paragraph (2)(c), be a date which is not less than 28 days after the date on which the last notice is published; and
b
in the case of a notice to be served under paragraph (2)(d), be a date which is not less than 28 days after the date on which the notice is served.
6
Representations about the variation application may be made to the Scottish Ministers—
a
by the planning authority, within a period of two months after the date on which the last notice is published in accordance with paragraph (2)(c); and
b
by any other person, on or before the date stated in the notice in accordance with paragraph (4)(b)(iii).
Application of the EIA Regulations with modifications5
1
The EIA Regulations apply in relation to a variation application as they apply in relation to an application for consent under section 36 of the Act with the modifications specified in paragraph (2).
2
The modifications are—
a
References in the EIA Regulations (however worded)—
i
to an application for a section 36 consent are to be treated as references to a variation application;
ii
to the proposed development and to the development in respect of which the application for a section 36 consent relates are to be treated as references to the proposed development (as defined in these Regulations) to which the variation application relates; and
iii
to the grant of consent are to be treated as references to the variation of a section 36 consent;
b
regulation 9 of the EIA Regulations is not to be read as requiring or permitting a notice under that regulation to be published before a notice under regulation 4(2)(c) of these Regulations is published; and
c
Part 2 of Schedule 4 to the EIA Regulations is to be read as requiring the inclusion in an environmental statement of—
i
the main respects in which the applicant considers that the likely significant effects on the environment of the proposed development would differ from those described in any environmental statement that was prepared in connection with the relevant section 36 consent; and
ii
a non-technical summary of the differences referred to in sub-paragraph (i).
Public inquiries6
1
The Scottish Ministers may cause a public inquiry to be held into a variation application if they consider it appropriate to do so.
2
A public inquiry may be held into a variation application in addition to or instead of any other hearing or opportunity of making representations about the variation application.
3
If the Scottish Ministers cause a public inquiry to be held into a variation application, the provisions of paragraph 4(1) (as substituted by paragraph 4(5)) and (4) of Schedule 8 to the Act apply, subject to the modifications specified in paragraph (4) below, to the inquiry as they apply to a public inquiry caused to be held by the Scottish Ministers by virtue of paragraph 2(2) or 3(2) of Schedule 8 to the Act.
4
The modifications are—
a
references in those paragraphs to paragraph 2(2) or 3(2) of Schedule 8 to the Act are to be treated as references to this regulation; and
b
the reference in paragraph 4(4) to an application for consent under section 36 is to be treated as a reference to the variation application.
Withdrawal of variation applications7
1
An applicant may withdraw a variation application at any time by notice in writing to the Scottish Ministers.
2
If a variation application is withdrawn after it has been published in accordance with regulation 4 the Scottish Ministers must notify the relevant planning authority (if any) and the consultative bodies (within the meaning of regulation 2(1) of the EIA Regulations) that it has been withdrawn.
Allowing further time8
The Scottish Ministers may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Regulations, and references in these Regulations to a day by which, or a period within which, any step is required or enabled to be taken are to be construed accordingly.
(This note is not part of the Regulations)