Other relevant consents and additional supporting information
Hydropower developments must also obtain development consent from the local authority or Scottish Ministers, as applicable (see Table 1). The information required to support applications for these consents is not described in this guidance, however SEPA will provide advice to local authorities and Scottish Ministers on matters relating to the water environment.
Hydropower projects may also be subject to the requirements of the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000 or the Environmental Impact Assessment (Scotland) Regulations 1999 (See Table 1).
If your project is subject to either of the above environmental impact assessment regulations, you must submit an environmental statement describing the proposal and its likely significant environmental effects, to the relevant competent authority for the EIA. You should contact the appropriate authority for the environmental impact assessment for further information.
The requirement to prepare an environmental statement does not affect the environmental information needed by SEPA to determine a permit application under the Environmental Authorisation (Scotland) Regulations. It is, however, worthwhile contacting SEPA and the appropriate planning authority at the scoping stage to ensure all appropriate information is provided and there is no duplication of effort. The information that SEPA requires is as described in our guidance. You may wish to produce a single environmental statement which includes all the information required for both SEPA and other responsible authorities.
Where the development is located within a Natura site, (such as a Special Area for Conservation or Special Protection Area), or could have an impact on a qualifying feature of a Natura site, the requirements of the European Habitats Directive will be applicable. SEPA will be required to act as a competent authority and determine whether the proposal will have a ‘likely significant effect’ on a qualifying interest of the site, either alone or in combination with other projects or plans. If this is seen to be the case, then SEPA will be required to undertake an appropriate assessment to ensure that there is no adverse impact on the integrity of the site. For further information please see WAT-G-008: EASR Guidance: Assessment of impact on Protected areas from inland water activities and SEPAs Protected areas and species webpage.
Hydropower schemes may also need to comply with the Salmon (Fish Passes and Screens) (Scotland) Regulations 1994. Regulatory guidance notes on appropriate designs of fish passes and screens that will help to ensure the regulations are complied with are available from Marine Scotland:
Table 1 below outlines the planning requirements for hydro schemes. Under the Water Framework Directive, SEPA has to consider the socio-economic impacts of a development in terms of the water environment and its use. The planning authority will also consider the socio economic impacts. This may appear to be a duplication of efforts; however this is not the case as each of the two authorities has a different remit.
Table 1: Summary of other development consent requirements
| Size (installed capacity) | Consent | Determining authority | Environmental impact assessment? |
|---|---|---|---|
| Greater than 1MW | Section 36, Electricity Act 1989 | Scottish Ministers | Yes |
| Greater than 500kW but less than or equal to 1MW | Town & Country Planning Act 1997 | Local authority | Yes |
| Less than or equal to 500kW | Town & Country Act 1997 | Local authority | If in a 'sensitive area' |
*A sensitive area is a Site of Special Scientific Interest, a National Scenic Area, a National Park, a World Heritage Site, a Scheduled Monument, a Ramsar Site or a Natura Site (i.e. Special Areas of Conservation under the Habitats Directive or Special Protection Areas under the Wild Birds Directive).
The following information provides details of each organisation/body and their requirements and remit. Some of these organisations may not be involved in the determination process but are listed below for information.
Local planning authority (less than or equal to 1MW) Scottish Government (more than 1MW)`
The planning authority will consider the acceptability of proposed hydro schemes in terms of land use. It will consult relevant statutory consultees on the likely impact of such proposals and request their advice on the scope of environmental impact assessments prepared. Consideration will also be given to relevant Scottish planning policy and the authority’s own local development plan and strategic development plan (where appropriate), along with any relevant supplementary planning guidance. Key considerations from a planning perspective include:
- Contributing to the Scottish Government’s renewable energy targets.
- Landscaping.
- Appropriate sighting of structures associated with the proposals.
- Routing of supporting pipelines and road networks.
- Potential impact on sensitive habitats, protected species and existing water users.
NatureScot
NatureScot is a responsible authority with statutory duties to secure the conservation and enhancement of Scotland’s natural heritage. It aims to foster an understanding and enjoyment of it and encourage its sustainable use. NatureScot supports the development of renewable energy as part of the Scottish Government’s targets to address climate change, provided there is an appropriate technology mix and that renewables are developed alongside energy efficiency targets and measures to reduce energy demand.
NatureScot seeks a strategic approach in which renewable energy development is guided towards the locations and the technologies most easily accommodated within Scotland’s landscapes and habitats, without adverse impact, and which safeguard elements of the natural heritage which are nationally and internationally important.
Fisheries (Electricity) Committee
The Fisheries (Electricity) Committee is also a responsible authority with duties to advise Scottish Ministers on matters relating to the protection of fishery interests, including advice on mitigation measures while facilitating the development of hydro-electric schemes. The committee also has a statutory duty to further the conservation of biodiversity. Its interests include, inter alia, migratory fish, resident fish, preservation of migratory routes and opportunities, spawning and nursery areas (including incubation habitat) and feeding areas. It covers all freshwater fish including, among others, eels, lampreys, Arctic charr and other salmonids, as well as the entire ecosystem to support all these. The impact of hydro-electric schemes on hydrology, sediment processes, water quality, aquatic life and habitat, together with the effect on the riparian ecosystem, are all included in the assessment of the potential impact of any proposed development.
District Salmon Fishery Boards
The Salmon Fishery Boards were established to protect, preserve and develop salmon fisheries in Scotland. They represent, co-ordinate and promote the interests of Scottish salmon and sea trout fisheries, and generally take the necessary steps to protect, preserve and develop salmon fisheries in Scotland, while also having regard for the environment and other fauna and flora. There is also an Association of Salmon Fishery Boards which attends to the general interests of its member boards.
Marine Scotland
Marine Scotland was established on 1st April 2009 as a Directorate of the Scottish Government. It incorporates the functions and resources of the former Scottish Government Marine Directorate in Edinburgh and the former Fisheries Research Services Freshwater and Marine Laboratories at Pitlochry and Aberdeen.
Rivers and Fisheries Trusts of Scotland
Rivers and Fisheries Trusts of Scotland is an independent freshwater conservation charity representing Scotland’s national network of rivers and fisheries trusts and foundations. The core objective is the conservation and enhancement of native freshwater fish and their environments in Scotland.
Other Supporting information
Built heritage information requirements
SEPA will require applicants to identify any Scheduled Ancient Monuments, Listed buildings or other sites or monuments on the Sites and Monuments Record or the National Monuments Record which may be directly or indirectly affected by any of the controlled activities involved in constructing or operating the proposed scheme.
Historic Scotland, the Royal Commission on the Ancient & Historical Monuments of Scotland and local authorities hold information on built heritage sites and archaeological sites.
Landscape information requirements
If the hydropower scheme could potentially result in significant adverse landscape and visual impacts, applicants are likely to be required to carry out a landscape and visual impact assessment. The assessment should be carried out in accordance with the ‘Guidelines for landscape and visual impact assessment 2nd Edition, 2002 (IEMA/LI)’. This may form part of an environmental impact assessment. Circular 15/1999 for the Environmental Impact Assessment (Scotland) Regulations 1999 indicates that an environmental impact assessment is more likely to be required for any new hydro-electric scheme which has more than 5MW generating capacity.
Information on NatureScot guidance on environmental impact assessments can be found on their website.
Information on recreational use
Applicants will be expected to identify if they know of any recreational use of the part of water environment directly or indirectly affected by the proposed scheme. This should include evidence based on the presence of paths leading to, and along, the river or loch; the presence of moorings or fishing huts; records of observed use; or contact or communication between the applicant and recreational interest groups, including anglers, canoeists and others. The advertising and consultation process may also highlight other water users that the applicant may not have knowledge of. This may result in requests for further information.