UK Electricity Act 1989 Section 36: Generating Station Consent Guide

Key Takeaways

• Section 36 of the Electricity Act 1989 provides that electricity generating stations cannot be constructed, extended, or operated without statutory ministerial consent.
• Establishes a 50 megawatts permitted capacity threshold in England and Scotland, exempting sub-50MW solar farms to local planning authority regimes.
• Enforces a 350 megawatts devolved capacity threshold for generating stations situated in Wales.
• Disapplies Section 36 consent requirements where solar projects secure Development Consent Orders under the Planning Act 2008.
• Empowers the appropriate authority to issue orders making differentiated provisions for distinct generating station classes.

Statutory Purpose of Section 36

Enacted under the Electricity Act 1989 (c. 29), Section 36 serves as the primary statutory foundation for regulating major power plant construction and grid additions across Great Britain.

For utility-scale solar developers, Section 36 defines the legal boundary between local Town and Country Planning Act applications and ministerial or national infrastructure planning regimes.

Statutory Capacity Thresholds & Jurisdiction Matrix

The statutory consenting pathway depends on generation capacity and geographic jurisdiction:

Strategic Planning Steps for UK Solar Developers

To ensure compliance with Section 36 and planning frameworks:

1. Evaluate 50MW Siting Boundary: Structure sub-50MW solar arrays to ensure peak AC inverter export capacity strictly does not exceed 50 megawatts.
2. Navigate DCO Regimes for Large Assets: For installations exceeding 50MW in England, execute statutory pre-application community consultations under the Planning Act 2008.
3. Secure Deemed Planning Directions: Where Section 36 consent is granted in Scotland, secure concurrent deemed planning permission directions under Section 90 of the Town and Country Planning legislation.