Technical Notes 2022, Issue 79 - Report on response to Section 36 for the installation and operation of a grid services facility

Report by: 
Ann Davie, Depute Chief Executive
TN Number: 
079-22
Subject: 
Report on response to Section 36 for the installation and operation of a grid services facility
Responsible Officer: 
Ben Freeman, Planner – Planning, Land Planning and Development
Publication: 
This Technical Note will be published on the Council’s website following circulation to Member. Its contents may be disclosed or shared outwith the Council.
Details: 
  1. The purpose of this technical note is to provide members with details of the consultation response sent to the Scottish Government Energy Consents Unit in regard to the proposed installation and operation of a grid services facility including the storage and management of energy and associated           infrastructure (temporary permission for 40 years) at Land North of Baljaffray Road, Bearsden.
  2. This proposal, due to being classed as an energy generating development by the Scottish Government, and with a capacity for up to 200MW, requires to be assessed by the Scottish Government’s Energy Consents Unit (ECU). This is known as a Section 36 Application (made under Section 36 of the Electricity Act 1989).  As part of the process of assessing the application, East Dunbartonshire Council have been asked for their input as a statutory consultee. In order to provide a response to the ECU, this consultation has been handled in a similar way to a normal planning application, with input sought from internal consultees, as well as the West of Scotland Archaeological Service. All other relevant external bodies are consulted directly by the ECU.
  3. All public consultation, including direct consultation with the Community Council, is undertaken by the Energy Consents Unit, and the response sought from East Dunbartonshire Council is therefore limited to technical and planning policy matters. It is quite possible, however, that if the development is approved and works commence, Officers and Members may receive enquiries about it from the general public.
  4. There is a statutory timescale of four months in which to provide a response to the ECU. It is noted that some Local Authorities simply provide an emailed     response noting if they have any objections or not.  It is further noted that this is the first Section 36 consultation that East Dunbartonshire Council has           received. Responding to consultations from the Scottish Government is delegated to the Executive Officer for Land Planning & Development.
  5. Given the scale of the development, and the length of time for which it is proposed (40 years), it was considered prudent to assess the proposal in a        similar manner to a planning application, with the exception of public consultation, which is the remit of the ECU. The appended report follows the usual format of a Report of Handling, and seeks to be as informative as possible. The report includes the comments received by the ECU from other external consultees, for information only, but these do assist in understanding the proposal and the potential impacts of it.
  6. In addition to the Report of Handling, a set of application drawings is also attached. Should members wish to inspect any of the additional supporting    information that forms the application, this is available on the ECU website at the following link - Application Details.
  7. It is noted that a number of the recommended conditions will fall on East Dunbartonshire Council to purify, and thus a clear report explaining the reasons for recommending the conditions will be important in due course.
  8. The report therefore provides a conclusion that the Council strongly support the proposed development, subject to a list of recommended conditions. It        will be for the case officer at the Energy Consents Unit to determine if he wishes to accept these recommendations or not.
Distribution List: 
CMT, All Executive Officers, Corporate Communications, All Elected Members