Other relevant consents

Hydropower developments must also obtain development consent from the local authority or Scottish Ministers, as applicable (see Table below). The information required to support applications for these consents is not described here, 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).

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 environmental impact assessment (EIA). You should contact the appropriate authority for the EIA for further information.

The requirement to prepare an environmental statement does not affect the environmental information needed by SEPA to determine a Controlled Activities Regulation application. It is 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 on this section of the website and may be provided by including the information within a single environmental statement which meets the requirements of all 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. These regulations apply to all Natura sites, and may include terrestrial habitats and species and birds, as well as aquatic habitats and species. In cases where a development may affect a Natura site, developers may have to provide further detail in addition to the general supporting information described in this guidance. If insufficient detail is provided to allow SEPA to ascertain whether the integrity of a European site will not be adversely affected, the application must be refused, unless there are imperative reasons of overriding public interest. It should be noted that more than one appropriate assessment may be undertaken for a single development, one by SEPA, and another by the relevant planning authority.  The same information may be relevant for both appropriate assessments.

• More information on the habitats and birds directives

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

The regulations are available on the Office of Public Sector Information (OPSI) website:

• www.opsi.gov.uk/si/si1994/uksi_19942524_en_1.htm 

There is a 2003 amendment to the regulations, which deals with maintenance issues:

• www.scotland.gov.uk/Publications/2003/03/16199

The table 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 2: Summary of other development consent requirements

*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 (ie Special Areas of Conservation under the Habitats Directive or Special Protection Areas under the Wild Birds Directive).