Net Zero, Energy and Transport Committee – Request for evidence on the Planning and Infrastructure Bill LCM

The Net Zero, Energy and Transport Committee is considering the Legislative Consent Memorandum (LCM) on the Planning and Infrastructure Bill.

The Bill, introduced by the UK Government in the House of Commons on 11 March 2025, would change the law around planning and infrastructure to support ambitions in the UK Government’s Plan for Change. The accompanying explanatory notes outline the UK Government’s view of the Bill’s purpose and key functions.  

The consent of the Scottish Parliament is being sought on Part 1, Clauses 14-20, and Clauses 42 and 96. Clauses 14-20, make changes, applying only in Scotland, with respect to applications for consent for development of electricity infrastructure under the Electricity Act 1989.

The LCM states that these clauses:  

“represent the culmination of work between officials of both the UK and Scottish Governments to modernise the process by which applications for consent to the Scottish Ministers to construct and install electricity infrastructure are developed, publicised, consulted upon, considered and determined, as well as how decisions on applications may be challenged on points of law. The proposed updates, which are the first since powers were executively devolved to the Scottish Ministers in 1999, bring these processes broadly into line with the wider planning system in Scotland, which has undergone significant improvement in the intervening period”.  

Further background on Clauses 14–20 is provided on pages 4 to 12 of the LCM.

The Committee would welcome your views on the following points:

1. How do you anticipate the proposed procedural changes to the consenting process for electricity infrastructure will affect the delivery, timing, and costs of projects in Scotland?

2. What impact do you foresee from the Bill’s provision to replace public inquiries with written submissions or informal hearings in cases of objection to large-scale electricity infrastructure applications?

3. Do the revised consultation and engagement mechanisms outlined in the Bill provide sufficient opportunities for public and environmental scrutiny of electricity infrastructure proposals?

The Committee is also interested in the broader implications of the Bill for environmental standards in Scotland, both in relation to the impacts of the clauses requiring legislative consent, and the evolving environmental regulatory landscape in England and its potential future impact in devolved aspects of Scots law.

4. What are the potential environmental impacts of the UK Planning and Infrastructure Bill as it relates to environmental matters for which the Scottish Parliament and Scottish Government have devolved responsibility? We are interested in any views you may have on:

• the potential impacts of the specific provisions highlighted in the LCM as requiring legislative consent in devolved areas, and
• the potential for further impacts in devolved areas taking into account wider developments regarding EIA regimes and the Habitats Regulations in England and how they may influence or interact with environmental standards and procedures in Scotland (In this context, you may wish to specifically note the proposed powers in Part 2 of the Natural Environment (Scotland) Bill and existing powers in Section 152 of the Levelling-up and Regeneration Act 2023)

If you wish to comment more broadly on the Bill, this should be directed to the House of Commons Public Bill Committee at Westminster, which has launched a separate call for evidence.

In line with our compressed schedule for considering the LCM, the Committee would appreciate a response by 19 May.

Please don’t hesitate to get in touch if you have any questions.

Kind regards

Mark Johnson | Assistant Clerk | The Scottish Parliament | Edinburgh | EH99 1SP | Tel: 0131 348 5226 | Mark.Johnson@parliament.scot