ARTICLE
9 September 2026

BESS – Consenting In Scotland

B
Brodies

Contributor

We have the capability and expertise to deliver mandates with global reach, uniting specialist perspectives from across our firm to offer bespoke legal solutions and advice, resulting in impactful outcomes for our clients. With offices in London and throughout Scotland, and a global network of partner firms , we are well-equipped to support clients around the world.

Since my blog last September, there has continued to be lots of activity in the battery energy storage systems (BESS) sector in Scotland.
Scotland Privacy
Brodies are most popular:
  • within Litigation, Mediation & Arbitration and Corporate/Commercial Law topic(s)
  • with readers working within the Property industries

Since my blog last September, there has continued to be lots of activity in the battery energy storage systems (BESS) sector in Scotland.

Coalburn 1

Recently Copenhagen Infrastructure Partners’ Coalburn 1 BESS (South Lanarkshire) commenced commercial operations. It’s the largest operational battery in Europe.

Section 36 consents

Since January, the Scottish Ministers have granted consent for 8 BESS schemes over 50MW, and for several other solar or wind farm projects which include BESS. None of the 8 BESS schemes were EIA development, and there were no unresolved planning authority objections, so no examination by a Scottish Government reporter.

Planning guidance

In March the Scottish Government issued “Battery Energy Storage Systems: planning guidance

The guidance usefully discusses how planning policies and procedures apply to BESS projects. The section on health and safety considerations acknowledges making a battery safety management statement publicly available can help address concerns. However, decision makers are reminded it is not the role of the planning system to regulate fire risk. That is reflected in the recent decision on the Muttonhole Road BESS (South Lanarkshire) 

“Scottish Ministers have considered the points raised in the objection from a member of the public. The carrying out of a fire risk assessment, the implementation of any practical measures to ensure safety, and the creation of a plan to deal with any emergency is a legal duty of responsible persons under Scottish fire safety legislation. Furthermore, generators of electricity are subject to safety regulations under the Electricity Act 1989 which require that equipment is constructed, installed, protected, used, and maintained so as to prevent danger so far as is reasonably practicable.”

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More