UK Electricity Act 1989 Schedule 9: Environmental Amenity Guide
Updated 6 September 2026 · By SolarNevs Research Desk, Dealer surveys + verified sources · 1 source · Method ↗
Key Takeaways
- Schedule 9 of the Electricity Act 1989 establishes statutory environmental, amenity, and heritage preservation duties across Great Britain.
- Applies to relevant proposals encompassing generating stations with a capacity not less than 10 megawatts.
- Imposes a dual duty: developers must have regard to natural beauty, flora, fauna, and historic sites, and do what they reasonably can to mitigate impacts.
- Requires consenting authorities to assess the extent of developer compliance with mitigation duties prior to granting Section 36 consents.
- Mandates that electricity licence holders prepare and publish a formal Schedule 9 statement within twelve months from licence grant.
Statutory Role of Schedule 9
Under the Electricity Act 1989 (c. 29), Schedule 9 serves as the core environmental safeguard governing electricity infrastructure proposals.
It places an affirmative legal responsibility on electricity generation licence holders and exempt generators to integrate environmental conservation and architectural heritage protection into initial project design.
Environmental & Amenity Compliance Matrix
Schedule 9 structures statutory environmental responsibilities across defined parameters:
Statutory Requirement | Legislative Text | Implementation for Solar Developers |
|---|---|---|
10MW Relevant Proposals Threshold | Generating station of a capacity not less than 10 megawatts | Applies to all commercial ground-mounted and utility solar farms ≥10MW |
Preservation Duty of Regard | Have regard to preserving natural beauty, conserving flora and fauna | Requires comprehensive Landscape and Visual Impact Assessments (LVIA) |
Heritage Protection Duty | Protecting sites, buildings and objects of architectural or historic interest | Enforces archaeological trial trenching and setting impact evaluations |
Reasonable Mitigation Duty | Do what he reasonably can to mitigate any effect on countryside | Mandates landscape screening, hedgerow planting, and biodiversity net gain |
Authority Evaluation Standard | Assess extent to which developer has complied with mitigation duty | Direct precondition for securing Section 36 consents and DCO orders |
Schedule 9 Statement | Prepare, modify, and publish statement within twelve months | Requires published corporate environmental and stakeholder consultation policy |
Ensuring Schedule 9 Compliance in Solar Farm Applications
To satisfy Schedule 9 statutory duties:
- Incorporate Mitigation in Design: Design solar array layouts with generous ecological buffer zones, sensitive topsoil management, and native species wildflower seeding.
- Document Duty of Regard: Include a dedicated Schedule 9 compliance statement within the Environmental Statement accompanying Section 36 or DCO submissions.
- Publish Statement on Grant: If operating under a generation licence, publish the statutory consultation and amenity performance statement within 12 months.
Frequently asked questions
What statutory duty does Schedule 9 impose on solar developers?
Under Schedule 9, licence holders and exempt generators must have regard to preserving natural beauty, conserving flora/fauna, and protecting heritage, and do what they reasonably can to mitigate effects (August 2026).
What capacity threshold defines relevant proposals under Schedule 9?
Under Schedule 9 paragraph 1(3), relevant proposals include the construction or extension of a generating station of a capacity not less than 10 megawatts (August 2026).
What must consenting authorities evaluate under Schedule 9(2)?
The appropriate authority must have regard to the desirability of natural preservation and the extent to which the developer has complied with the duty to mitigate adverse effects (August 2026).
When must an electricity licence holder publish a Schedule 9 statement?
A licence holder must prepare, modify, and publish a statement within twelve months from the grant of their licence setting out how they propose to perform their statutory duty (August 2026).
References
- legislation.gov.uk: Electricity Act 1989 Schedule 9 — accessed 31 August 2026
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