Who Decides What?

What this is: a quick guide to who proposes, decides, advises, regulates and investigates.

Who it is for: residents, landowners, community groups and anyone trying to send evidence to the correct process.

The three things to remember:

1. SSEN proposes projects but does not grant itself consent.
2. The body making the final decision may be different from the body giving specialist advice.
3. A Facebook comment, petition signature or email to the developer does not automatically enter the formal case file.

One useful action: use the correct reference number and keep proof of everything you send.

This is public guidance, not legal advice.

The shortest possible version

SSEN Transmission

Designs and promotes the project.

It does not grant itself consent.

Aberdeenshire Council

Expected to determine a future Strathbogie Hub planning application and decides many other local applications.

It does not make the final decision on the Beauly-Peterhead overhead line.

Energy Consents Unit

Administers relevant applications under sections 36 and 37 of the Electricity Act on behalf of Scottish Ministers.

It processes the case; Scottish Ministers make the final decision.

DPEA reporters

Examine evidence where a case is referred for inquiry, hearing or other procedure.

For the Beauly-Peterhead case, the process is an inquiry including community-hearing sessions. The reporters prepare a report for Scottish Ministers.

They are not the developer and are not the final decision-makers in this case.

Scottish Ministers

Make the final decision on the Beauly-Peterhead section 37 application.

NatureScot, SEPA, Historic Environment Scotland, SFRS and HSE

Advise, regulate or authorise particular matters within their remit.

They do not usually decide the whole development application.

Communities

Do not formally grant or refuse consent, but evidence can influence design, assessment, conditions, inquiry findings and the final decision.

Who can do what?

SSEN Transmission - project promoter

Can

• develop route and site options;
• appoint consultants and contractors;
• undertake surveys and environmental assessment;
• consult communities;
• submit applications;
• propose mitigation;
• negotiate access and land rights;
• build and operate infrastructure after permissions are granted.

Cannot

• grant itself planning permission or section 37 consent;
• replace the planning authority, Ministers or regulators;
• turn its own consultation into a formal planning or inquiry representation on your behalf.

Send SSEN

Design alternatives, factual corrections, route and layout concerns, survey-access questions, local road information and requests for clearer evidence.

Keep a copy and also submit relevant evidence to the formal decision-maker when that process opens.

Aberdeenshire Council - planning authority and local roads authority

The Council is the planning authority for development in its area and the roads authority for local roads. Transport Scotland is responsible for the trunk-road network.

Can

• validate and publish planning applications;
• receive formal representations;
• assess policy and environmental information;
• request further information;
• grant or refuse local planning permission;
• impose and monitor conditions;
• investigate possible breaches of planning control;
• assess local-road impacts within its remit.

Cannot

• make the final decision on the Beauly-Peterhead section 37 application.

Send the Council

Formal planning representations, road and bridge evidence, flooding and drainage history, landscape and noise evidence, ecology, historic-environment material, private-water concerns and comments on proposed conditions.

A complaint does not itself prove a planning breach. Describe what you observed and let the authority establish the position.

Energy Consents Unit - Scottish Government case administration

Can

• receive and publish section 36 and 37 documents;
• issue consultation notices;
• receive representations;
• coordinate consultation;
• request information;
• manage procedural correspondence;
• prepare the case for ministerial determination.

Cannot

• act as the applicant;
• replace DPEA reporters;
• make the final ministerial decision;
• regulate every environmental issue.

For the Beauly-Peterhead line, use ECU00005165.

Scottish Ministers - final decision-maker

Scottish Ministers decide whether to grant or refuse the section 37 application and may impose conditions or require modifications after considering the evidence and the reporters' report.

DPEA reporters - formal examination

DPEA reporters may use written submissions, hearings, inquiries, site inspections and further evidence.

For the current case:

• DPEA reference: TRL-270-2
• ECU reference: ECU00005165
• Process: inquiry, including community-hearing sessions
• Outcome of DPEA examination: report to Scottish Ministers
• Applicant: SSEN Transmission

A community hearing is not a general public meeting. It is a route for relevant local evidence to enter the formal examination.

Good evidence is specific, local, clearly labelled and paired with a practical request.

NatureScot

Advises on protected areas, protected species, landscape and relevant licensing. It may advise or object but does not usually decide the whole application.

Do not publish exact vulnerable-species locations.

SEPA

Advises and regulates matters including water, pollution, flood risk, drainage, waste and environmental authorisations.

Planning permission does not replace a required environmental authorisation, and an environmental authorisation does not grant planning permission.

Council Archaeology Service and Historic Environment Scotland

The Council Archaeology Service advises on known and potential archaeology, the Historic Environment Record, surveys, mitigation and conditions.

Historic Environment Scotland advises on nationally important historic-environment interests and determines most scheduled monument consent applications.

Send vulnerable archaeology locations privately.

Scottish Fire and Rescue Service

Responds to emergencies and may advise on emergency access and fire safety. It does not approve the whole planning application or assume responsibility for the operator's design.

Health and Safety Executive

Regulates health and safety duties applying to designers, installers, operators, employers and contractors. Its role is separate from land-use planning.

Ofgem

Regulates monopoly electricity networks and funding allowances. It does not choose the detailed local route or grant planning consent.

Funding approval is not planning consent.

National Energy System Operator

Assesses strategic system needs and develops network plans. It does not grant local planning consent or settle the detailed route, technology, mitigation or adequacy of local environmental assessment.

Community councils and elected representatives

Community councils can gather views and submit representations. Councillors, MSPs and MPs can raise concerns, seek information and press for fair process.

They do not replace the formal consent route.

Where should this question go?

Why was this site or route selected?

SSEN first; then the planning authority or ECU once an application is live; DPEA where the issue falls within an inquiry matter.

I want to object to a future Strathbogie Hub application

Aberdeenshire Council once the application is submitted and open for comment. You may also send a copy to SSEN.

I want to comment formally on the Beauly-Peterhead line

Follow the DPEA and ECU process for TRL-270-2 / ECU00005165.

There may be a planning breach

Aberdeenshire Council Planning Enforcement. Give dates, location, photographs and the relevant permission or condition if known.

Pollution is entering a burn

Report active or significant pollution to SEPA. Use emergency services for immediate danger. Keep the incident reference.

A protected species may be affected

Planning authority or ECU, NatureScot where appropriate, and Police Scotland if wildlife crime is suspected. Keep exact locations private.

There may be unrecorded archaeology

Council Archaeology Service and the relevant planning or consent process. Do not excavate or publish a vulnerable location.

I received a survey-access notice

Ask the sender or land agent for clarification and seek independent professional advice where needed. Keep the notice and a dated access log.

When the system is not answering

Environmental information request

The Environmental Information (Scotland) Regulations can be used to request environmental information from a Scottish public authority. The normal response period is 20 working days, subject to the regulations.

Scottish Information Commissioner

Where an EIR or Freedom of Information response remains unsatisfactory, use the authority's review process and then the Commissioner's appeal route where available.

Complaints and the SPSO

For poor administration or complaint handling, complete the public body's own complaints procedure before approaching the Scottish Public Services Ombudsman, unless an exception applies.

Environmental Standards Scotland

ESS considers potential failures by public authorities to comply with, implement or apply environmental law. It is not a general appeal against an individual planning decision.

Three rules that stop evidence being lost

1. Use the reference number.
2. Separate the issue from the recipient. The body that changes the design, decides the application, regulates the harm and investigates a breach may be four different organisations.
3. Do not rely on one route. Tell the developer, submit formally, send specialist evidence where relevant and retain your dated copy.

Send the right evidence to the right body - and keep proof that you sent it.

Local case summary

Proposed Strathbogie Hub

• Promoter: SSEN Transmission
• Expected planning decision-maker: Aberdeenshire Council
• Current stage: project development and site refinement before application

Beauly-Peterhead overhead line

• Applicant: SSEN Transmission
• Consent route: section 37 Electricity Act
• Case administration: Energy Consents Unit
• Examination: DPEA inquiry, including community-hearing sessions
• Final decision-maker: Scottish Ministers
• References: TRL-270-2 / ECU00005165

Evidence reminder

• A petition shows concern but is not automatically a formal objection.
• A Facebook comment may reveal evidence but does not automatically enter the case file.
• An email to SSEN may influence design but does not automatically reach the Council, ECU or DPEA.
• A formal representation enters the relevant process when correctly submitted.

Local knowledge is evidence when it is recorded clearly and sent to the right process.

Related guides

• Who to Contact About What
• Community Evidence Tools
• What Happens Next
• Full Impact Ledger

Checked against current public routes and case information on 11 July 2026. Links and procedures can change; re-check before relying on a deadline or emergency contact.