Battery Energy Storage Systems (BESS)
Energy storage is necessary for the development and operation of a smart, flexible, and decarbonised energy system.
National Planning Framework 4 (NPF4) Policy 11 (Energy) states that:
‘development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. These include [...] iii) energy storage, such as battery storage and pumped hydro storage.’
There are also potential environmental impacts associated with Battery Energy Storage Systems (BESS) and SEPA will continue to work with planning authorities, including through the Heads of Planning Groups, directly with the Scottish Fire and Rescue Service (SFRS) and with the Scottish Government to address these issues. We provided the Net Zero, Energy and Transport Committee with further information on our work in this area in February 2025.
Planning and Environmental Impact Assessment
Our role in planning and Environmental Impact Assessment (EIA) is set out in primary and secondary legislation. We provide advice to planning authorities on Local Development Plans, and on various types of planning and planning-related applications.
Our Development Management Consultation Thresholds and Standing Advice guidance sets out the circumstances in which planning authorities should consult us on such applications. For example, consultation triggers for BESS may include flood risk or development on peat/carbon rich soil. Proposals which fall below our consultation thresholds are covered by the standing advice.
NPF4 policy 22 (flooding) includes limited support for development proposals at risk of flooding or in a flood risk area, including for essential infrastructure where the location is required for operational reasons. Essential infrastructure includes all forms of renewable, low-carbon and zero emission technologies for electricity generation and distribution and transmission. SEPA's Flood Risk Standing Advice for Planning Authorities covers essential infrastructure developments where there is no land raising or loss of floodplain capacity.
The Scottish Government’s Energy Consents Unit (ECU) administers energy infrastructure applications that are made to Scottish Ministers under Section 36 and Section 37 of The Electricity Act (1989) if the application exceeds 50MW. Applications below the 50MW threshold are made to the relevant planning authority. It is for the relevant competent authority to make an EIA screening determination.
Environmental Regulations
SEPA does not have a remit to regulate BESS site operation. BESS do not fall within the Control of Major Accident Hazards (COMAH) regulations but the Environmental Authorisation (Scotland) Regulations 2018 (EASR) water activities may apply to construction, surface water discharge, drainage, water abstraction and impoundment.
Our water activities webpage outlines information on the water activities that we regulate, and the authorisations needed to carry out an activity.
To protect the water environment, before construction begins an authorisation under EASR Water General Binding Rule (GBR) 10D, or a permit under EASR, may be required for the discharge of water run-off from a site (including any access tracks) to the water environment.
The level of authorisation depends on a range of criteria, such as the size of site and length of tracks. Further information can be found on the SEPA webpages: Run-off from a small construction site less than or equal to 4 hectares or Construction site run-off.
We encourage the applicant to engage early with SEPA to confirm if an authorisation or permit is required.
SEPA does not consider BESS sites to be industrial estates and therefore a permit application is not required.
Run-off from completed BESS developments are authorised by Water GBR 10B. If you intend to carry out this activity, and you comply with the rules set out in the GBR, then your activity will be authorised. You do not need to apply to SEPA for an authorisation.
The run-off generated by firewater is not classed as run-off water. Run-off generated by firewater is outwith the scope of the GBR 10B authorisation. Any industry or business should take steps to prevent any accidents, including pollution of the water environment.
SEPA’s webpages contain information on Activities that do not require an authorisation, such as:
- Abstractions of water stored in off-line impoundments and artificial storage ponds that receive their inflow from an already authorised abstraction. Please note that an authorisation is required for an abstraction from a dug storage pond collecting water from field drains or groundwater.
- Abstraction for the purposes of firefighting.
For further information on authorisations for abstractions, please go to our Abstraction webpages.
For information on authorisations required for impoundments, please go to our Impoundments webpages.
Fire prevention and incident management
The National Fire Chiefs Council (NFCC) published Grid Scale Battery Energy Storage System planning – Guidance for Fire and Rescue Service in November 2022. The guidance is for applicants to consider when preparing applications for BESS developments. It provides advice on the design and layout of BESS developments to promote fire prevention and containment. In August 2024, NFCC issued a consultation to seek views from fire and rescue services on a revised guidance for fire and rescue services on BESS. When published, the final draft will be available on the NFCC website.
In addition, any proposal that is progressed under the Electricity Act (1989) needs to meet the obligation to mitigate environmental impacts under Schedule 9. SEPA would investigate any water pollution incidents and take appropriate enforcement action.
Guidance on preventing pollution from firefighting is available on the NetRegs website.
In November 2024, SEPA and the Northern Ireland Environment Agency published Guidance for Pollution Prevention Containing major spillages and firewater at industrial sites – GPP18. The guidance addresses containment of fire water and the isolation of containment systems from the surface water drainage system and disposal of firewater. The management of fire-fighting waste (firewater) and the site's fire-fighting response should be discussed with the Scottish Fire and Rescue Service (SFRS).
Health and Safety
The Health and Safety Executive (HSE) has published Grid-scale battery energy storage systems guidance to help those with responsibilities during the life-cycle of battery energy storage systems understand their duties.
The Department for Energy Security and Net Zero (DESNZ) has also published Health and Safety Guidance for Grid Scale Electrical Energy Storage Systems guidance.
Decommissioning
BESS li-ion cells are defined as ‘industrial batteries’ under the Waste Batteries and Accumulators Regulations 2009. The regulations require industrial batteries to be sent for recycling to an approved battery treatment operator or an approved battery exporter. Distributors are obliged to take back waste cells free of charge when requested by the end user. BESS developers should consult with proposed battery suppliers at an early stage to establish their processes for take-back and recycling, and to ensure as far as possible that these schemes, or equivalents, will be available at the predicted end of site life.
More information on the disposal of batteries can be found on our Waste batteries webpage.
Developers should also be aware of the Waste Electrical and Electronic Equipment Regulations 2013, which imposes broad obligations on the recycling of electronic products. While the core equipment of a BESS site may not meet this definition, many items installed on site will. Examples may include computers and display equipment, monitoring, control and communication instruments and lighting equipment.
Help and Guidance
WAT-G-075: EASR Guidance: The discharge of water run-off from construction sites.
WAT-G-003 - EASR guidance: Registration activity: Abstraction from inland waters