Devolved Planning Powers and Electricity Infrastructure

1. Introduction

Devolved planning powers and electricity infrastructure means the way planning and consenting responsibilities for electricity projects are divided between the UK Government and the devolved governments of Scotland, Wales and Northern Ireland.

This area is important because energy policy is largely reserved to the UK level, but planning, environmental regulation and some electricity-consenting functions are devolved. As a result, a large electricity project may involve both UK-wide energy policy and decisions by a devolved authority.

The position is not identical in the three nations. For example, Scottish Ministers exercise important executive functions for electricity infrastructure in Scotland, Wales has its own infrastructure-consenting framework, and planning consent for energy infrastructure in Northern Ireland is devolved. (Legislation.gov.uk)

2. Meaning of Devolved Planning Powers

Planning powers allow public authorities to decide where and how development can take place.

For electricity infrastructure, these powers may concern:

wind farms;

solar generation;

electricity substations;

overhead transmission lines;

underground cables;

grid connections;

electricity storage; and

associated infrastructure.

Devolution means that some of these decisions are made by Scottish Ministers, Welsh Ministers or Northern Ireland institutions, rather than directly by UK Ministers.

However, devolution does not create completely separate electricity systems. Electricity markets and major network arrangements remain interconnected.

3. Scotland

Scotland provides an important example of the difference between legislative competence and executive competence.

The UK Parliament retains the overall legislative framework for electricity because energy policy is generally reserved. However, Scottish Ministers exercise executive responsibility for important electricity infrastructure consents.

The current legal position is that Scottish Ministers determine applications for electricity generating stations above the relevant thresholds and electricity network projects under the Electricity Act 1989. (Legislation.gov.uk)

This creates a special constitutional arrangement:

UK Parliament → electricity legislation

Scottish Ministers → electricity infrastructure consenting

Scottish planning system → wider land-use planning

This distinction is particularly important for renewable-energy and transmission projects.

4. Recent Scottish Reforms

The Planning and Infrastructure Act 2025 introduced reforms to the Scottish electricity-consenting system.

The reforms allow regulations concerning:

pre-application procedures;

application information;

an acceptance stage;

examination of objections;

time limits;

variation of consents; and

correction of errors.

The legislation also extends the statutory appeal mechanism for Scottish electricity infrastructure decisions. Challenges generally have to be brought within six weeks of publication, with proceedings going to the Inner House of the Court of Session and a possible appeal to the UK Supreme Court. (Legislation.gov.uk)

These reforms are designed to make the Scottish electricity-consenting process more predictable while retaining devolved decision-making.

5. Wales

Wales has a different arrangement.

The Wales Act 2017 devolved responsibility for certain electricity-generating-station consents to Welsh Ministers. Under the current framework, the UK Secretary of State generally examines electricity generating stations in Wales only where they exceed 350 MW, subject to the statutory rules. (GOV.UK)

The Infrastructure (Wales) Act 2024 has further developed a distinct Welsh infrastructure-consenting system.

Therefore, Wales increasingly has its own legal process for significant infrastructure while larger nationally significant energy projects can remain within the UK framework.

This demonstrates how project size can determine which planning authority has jurisdiction.

6. Northern Ireland

Northern Ireland has a different constitutional settlement.

Planning consents and marine licences in inshore waters are devolved to the Northern Ireland Executive. The UK Secretary of State therefore does not generally examine energy infrastructure applications in Northern Ireland under the English/Welsh NSIP system. (GOV.UK)

Northern Ireland's electricity system also has a special cross-border dimension because electricity-market arrangements operate through the Single Electricity Market on the island of Ireland.

Thus, Northern Ireland demonstrates that devolved planning can operate alongside wider cross-border electricity arrangements.

7. Electricity Networks and Devolved Planning

Electricity transmission infrastructure creates special problems because networks cross administrative boundaries.

For example, a transmission project may involve:

generation in Scotland → Scottish consenting → transmission infrastructure → connection with the wider Great Britain network.

A project may therefore be subject to devolved planning or consenting decisions while serving a UK-wide electricity system.

The current EN-5 National Policy Statement recognises this interaction. It states that the Secretary of State does not examine nationally significant electricity generating stations or electricity network infrastructure in Scotland, although UK energy policy may remain relevant to decisions there. (GOV.UK)

8. Case Law: Trump International Golf Club Scotland Ltd v Scottish Ministers

A leading case is Trump International Golf Club Scotland Ltd v Scottish Ministers [2015] UKSC 74.

The case concerned the proposed European Offshore Wind Deployment Centre in Aberdeen Bay. Scottish Ministers had granted consent under section 36 of the Electricity Act 1989.

The golf club challenged the consent, including the legal power to grant it and the validity of conditions attached to the consent.

The Supreme Court dismissed the appeal. The case is important because it illustrates the operation of Scottish Ministers' electricity-consenting powers under section 36 and the relationship between electricity legislation, environmental considerations and conditions attached to consent. (CaseNote)

Relevance

The case shows that devolved electricity consenting is a genuine legal decision-making function and can be subject to judicial scrutiny.

9. Case Law: John Muir Trust v Scottish Ministers

In John Muir Trust v Scottish Ministers, the claimant challenged Scottish Ministers' decision to grant section 36 consent for the Stronelairg wind farm.

The proposed project involved 67 wind turbines and also received deemed planning permission under section 57(2) of the Town and Country Planning (Scotland) Act 1997. (vLex)

Relevance

The case illustrates the close connection between:

electricity consent + environmental assessment + planning permission + judicial review.

It also demonstrates that renewable-energy infrastructure can be legally challenged where parties argue that environmental or planning considerations were not lawfully handled.

10. Environmental Assessment

Devolved planning powers do not remove environmental duties.

Electricity infrastructure may have effects on:

wildlife;

habitats;

landscape;

water;

cultural heritage;

climate;

local communities; and

cumulative development.

The Finch case, although concerning planning in England rather than devolved electricity infrastructure, provides an important general principle. In R (Finch) v Surrey County Council [2024] UKSC 20, the Supreme Court held that an environmental impact assessment must address relevant indirect environmental effects of a project where required by the legislation. (Supreme Court)

The principle is relevant to electricity infrastructure because environmental assessment must be treated as a substantive part of lawful planning decision-making.

11. Benefits of Devolved Planning Powers

Devolved planning can provide several institutional benefits.

Local knowledge

Devolved authorities may have better knowledge of local geography, communities and environmental conditions.

Democratic accountability

Important infrastructure decisions can be made by institutions accountable to the relevant nation.

Policy flexibility

Different nations can develop planning approaches suited to their own circumstances.

Renewable-energy development

Devolved planning powers can influence the location and conditions of renewable generation and network infrastructure.

12. Problems and Constitutional Challenges

There can also be difficulties.

1. Cross-border infrastructure

Electricity networks do not follow constitutional boundaries.

2. Different procedures

Different consenting systems can create different timelines and requirements.

3. Reserved energy policy

A devolved planning authority may control consent while major aspects of energy policy remain reserved to Westminster.

4. Grid coordination

Generation approved by one devolved authority may require network investment affecting another part of Great Britain.

Therefore, devolution requires coordination, not simply separation.

13. Conclusion

Devolved planning powers are an important part of modern electricity infrastructure governance in the UK. Scotland, Wales and Northern Ireland exercise significant planning and consenting responsibilities, but these operate within a wider UK electricity framework.

Scotland is particularly distinctive because Scottish Ministers exercise executive competence for electricity infrastructure while the core legislative framework remains largely reserved to Westminster. The Planning and Infrastructure Act 2025 is now modernising that Scottish consenting process. (Legislation.gov.uk)

The cases of Trump International Golf Club and John Muir Trust demonstrate how electricity consenting, planning, environmental protection and judicial review interact in practice.

For energy law, the central issue is therefore how to balance devolved democratic planning authority with the need for coordinated UK-wide electricity infrastructure, particularly as renewable generation and transmission networks expand.