Renewable Energy Framework Consultation
Wednesday, October 15, 2008
The Renewable Energy Framework Consultation closed on 01 December 2008. Consultation responses will be used to inform further development of the Scottish Government's Renewable Energy Policy.
The Forum for Renewable Energy Development in Scotland (FREDS) has issued a Consultation document seeking views and comments on a Framework for development and deployment of renewable energy in Scotland. Responses must be submitted by 01 December 2008. The Scottish Government and FREDS intend to publish a final Framework early in 2009, subject to the views and comments received.
Should you have any queries on the Framework for the Development and Deployment of Renewables in Scotland Consultation, including any assistance required in framing a Consultation response, or if you have a query relating to the current regime, please contact Martin Sales for an initial discussion and indication of whether fuller advice might be appropriate on (0131 226 5541 or msales@biggartbaillie.co.uk).
In brief
The Consultation document:
- Seeks views on the Scottish Government’s proposed target of 20% of gross electricity consumption from renewable sources by 2020.
- Is complementary to the UK Renewable Energy Strategy Consultation document issued by the Department for Business Enterprise and Regulatory Reform, which closed on 26 September 2008. Publication of the UK Renewable Energy Strategy is scheduled for Spring 2009.
- Will contribute to the Scottish element of the UK National Action Plan for renewable energy designed to implement the requirements of the proposed EU Directive on renewable energy.
The document addresses the following forms of energy production and use:
- Renewables in Electricity
- Renewable Heat
- Distributed Energy and Community Based Schemes
- Bio Energy
- Sustainable Transport.
There is no consolidated list of Consultation questions and these are found throughout the document.
Consents and Planning
The Scottish Government wishes to see “urgent steps…taken to streamline the consenting process” although it also refers to the best applications as being those that recognise planning policy and that seek to resolve environmental and aviation/radar concerns as early as possible. The Consultation document sets the objective of having new applications determined within 9 months (where no public inquiry is involved) and Guidance is already available to developers to assist them in preparing applications.
The document refers to the need to upgrade the onshore transmission grid (including connections to the Islands) as well as development of a sub-sea transmission grid to facilitate offshore generation potential. Aviation and radar issues are touched upon and it is made clear that proposals in relation to the Electricity Act 1989 will require further dialogue between Holyrood and Westminster.
Comment
The document addresses a necessarily wide variety of topics but does so with less clarity and consistency than the initial BERR Consultation and would, perhaps, have benefited from being “leaner.” The narrative makes several references to views being welcomed on given topics but those views are not subsequently sought in the relatively small list of Consultation questions. Consequently, the sections of particular interest to you should be read thoroughly. That aside, the document represents a forward thinking approach and appears to capture many of the numerous challenges posed by the Scottish Government’s “20% target”, which will see legal considerations, whether regulatory, administrative or contractual, at the forefront of renewable energy development.
The information contained in this article is given for general information only and does not constitute legal advice on any specific matter.