Energy consenting - differences between Scotland and England

Legislative context

In England, major energy projects are governed primarily by the Planning Act 2008, which established the Nationally Significant Infrastructure Project (NSIP) regime. Under this framework, large energy developments — such as power stations over 50 MW, large offshore wind farms, or major transmission lines — require a Development Consent Order (DCO). Applications are examined by the Planning Inspectorate (acting on behalf of the Secretary of State for Energy Security and Net Zero), and final decisions are made at the national level by the Secretary of State.

Smaller energy developments that fall below the NSIP thresholds, such as local solar farms under 50 MW or onshore wind schemes, are handled at the local authority level through the Town and Country Planning Act 1990 system. This split means that the scale of a project determines whether it is decided locally or nationally.

In Scotland, major energy infrastructure is consented under the Electricity Act 1989, rather than through the Planning Act 2008. Applications for onshore generating stations above 50 MW or offshore generating stations over 1 MW require Section 36 consent. These applications are determined at the national level by Scottish Ministers, through the Energy Consents Unit (ECU).

Although Scottish Ministers take the final decision, local planning authorities play a formal role. Each relevant planning authority must be consulted and objections can be raised. If a council objects, a public inquiry is normally required before Ministers can decide. For smaller projects (for example, onshore wind below 50 MW or local solar schemes), applications are dealt with at the local level under the Town and Country Planning (Scotland) Act 1997.

Key procedural differences

One of the most significant differences is in pre-application consultation. Under the Planning Act 2008, England’s DCO process requires developers to carry out statutory pre-application consultation with local communities and consultees, guided by a Statement of Community Consultation (SoCC). This ensures issues are aired early.

In contrast, under Scotland’s Electricity Act regime, there has traditionally been no statutory pre-application consultation requirement, although developers often engage voluntarily. The UK Government and the Scottish Government have recognised this gap, and recent consultations (2024–25) propose reforming the Scottish system to introduce mandatory pre-application engagement and clearer timescales.

Another difference lies in integration and streamlining. The DCO process in England consolidates multiple consents — such as planning permission, listed building consent and compulsory acquisition powers — into a single national order. In Scotland, developers typically need several separate permissions (e.g., Electricity Act consent, planning permission, marine licence), which can lead to longer timelines, greater complexity, and potentially greater risk should one of the suite of consents be refused.

Key takeaway

Both nations face similar challenges in balancing local participation, environmental protection and national energy targets. England’s NSIP system offers a more codified, front-loaded and streamlined national process, while Scotland’s Electricity Act framework remains more fragmented and slower, though reforms are under way to modernise it. The crucial distinction lies not only in legislation, but in governance: England’s energy consents are decided nationally by Westminster, Scotland’s by Holyrood — each reflecting the constitutional and policy priorities of their respective governments.