Question reference: S6W-25418
- Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
- Date lodged: 9 February 2024
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Current status: Answered by Gillian Martin on 22 February 2024
Question
To ask the Scottish Government what fire safety documentation applicants are required to provide when seeking consent for a development from its Energy and Climate Change Directorate.
Answer
Applicants are not required to submit any supporting fire safety documentation when seeking consent for a development. This is because fire precautions and matters relating to health and safety are not relevant to planning, as they are covered by other legislation.
The Electricity (Applications for Consent) Regulations 1990 apply to all applications to construct and operate electricity generating stations under section 36 of the Electricity Act 1989. There is no legal requirement for fire safety documentation to be included with applications made under these regulations.
Matters relating to fire risk are regulated by the Health and Safety Executive, Britain’s Health and Safety regulator. Their remit includes health and safety in the workplace as well as public assurance on safety matters. Health and Safety is a reserved matter, with applicable UK legislation including the Dangerous Substances and Explosive Atmospheres Regulations 2002, the Electricity at Work Regulations 1989, and the Management of Health and Safety at Work Regulations 1999. HSE considers there to be a robust regulatory regime covering the fire risks associated with battery energy storage systems.
As a matter of routine, the Scottish Government will consult the Scottish Fire and Rescue Service and Health and Safety Executive on any new battery storage applications received and take into account any responses received.