Battery Energy Storage Systems
Energy storage has an important role to play in the development of a smart, flexible, and decarbonised energy system.
National Planning Framework 4 (NPF4) Policy 11 (Energy) states that:
"development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. These include... iii) energy storage, such as battery storage and pumped hydro storage."
SEPA also recognises that there are potential environmental impacts associated with Battery Energy Storage Systems (BESS). We will continue to work with planning authorities through the Heads of Planning Groups, directly with the Scottish Fire and Rescue Service (SFRS) and with the Scottish Government. We provided further information on our work in this area to the Net Zero, Energy and Transport Committee in February 2025.
Planning and Environmental Impact Assessment
Our role in planning and Environmental Impact Assessment (EIA) is set out in primary and secondary legislation. We provide advice to planning authorities on Local Development Plans, and on various types of planning and planning-related applications.
Our planning triage framework sets out the circumstances in which planning authorities should consult us on such applications. For example, consultation triggers for BESS may include flood risk or development on peat/carbon rich soil. Proposals which fall below our consultation thresholds are covered by standing advice in the framework.
NPF4 policy 22 (flooding) includes limited support for development proposals at risk of flooding or in a flood risk area, including for essential infrastructure where the location is required for operational reasons. Essential infrastructure includes all forms of renewable, low-carbon and zero emission technologies for electricity generation and distribution and transmission. SEPA's flood risk standing advice for planning authorities covers essential infrastructure developments where there is no land raising or loss of floodplain capacity.
The Scottish Government’s Energy Consents Unit (ECU) administers energy infrastructure applications that are made to Scottish Ministers under Section 36 and Section 37 of The Electricity Act (1989) if the application exceeds 50MW. Applications below this 50MW threshold are made to the relevant planning authority. It is for the relevant competent authority to make an EIA screening determination.
Environmental regulations
BESS do not fall within the Pollution Prevention and Control (PPC) regulations, or Control of Major Accident Hazards (COMAH) regulations. This means SEPA does not have a remit to regulate BESS site operation.
The following Water Environment (Controlled Activities) (Scotland) Regulations 2021 (CAR) and CAR Practical Guide regulatory requirements do apply.
Construction
Prior to construction works commencing on site, a Construction Water Run off Licence (Permit in Environmental Authorisation (Scotland) Regulations (EASR)) or compliance with General Binding Rule (GBR) 10D under The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (CAR) will be required. It contains conditions to ensure protection of the water environment during construction. We encourage the applicant to engage early with SEPA to confirm if such an authorisation is required.
The scope of when a licence (permit under EASR) is required is as follows:
Construction sites that discharge water run-off to the water environment, including any constructed access tracks, and:
- cover an area greater than 4 hectares; or
- contain a road (or track) greater than 5 kilometres in length; or
- include any land with an area greater than 1 hectare that has a slope more than 25 degrees; or
- include any road (or track) with a length greater than 500 metres that has a slope more than 25 degrees
If the construction site is under certain thresholds GBR10D can be deemed authorisation for the works without the need for a permit. The scope of GBR10D is as follows:
Construction sites that discharge water run-off to the water environment, including any constructed access tracks, does not:
- exceed 4 hectares
- contain a road or track length in excess of 5km, or
- include any area of more than 1 hectare or any length of more than 500 metres on ground with a slope in excess of 25 degrees.
Discharge of surface water
Post construction the discharge of surface water run-off is covered by GBRs, specifically GBR10B. SEPA considers that BESS sites are not industrial estates and therefore can be considered authorised by following the rules of the GBR10B.
These provide statutory controls over certain activities including the discharge of surface water from developments to the water environment and if a site complies with the GBR they are authorised to carry out the activity.
Drainage
The permanent site drainage will be authorised under GBR10B and appropriate treatment must be provided and designed in accordance with the CIRIA SUDS Manual. Further guidance can be found in SEPA's regulatory method WAT-RM-08. It should be noted that run-off generated by firewater is not classed as run-off water and is therefore outwith the scope of the GBR10B authorisation. Any industry or business should take steps to prevent any accidents, including pollution of the water environment.
Water storage and impoundment
SEPA will not require authorisation for the construction and operation of firewater ponds/impoundments that receive their inflow from an authorised abstraction.
SEPA encourage the fill to take place over the winter months though when flows are high.
Water abstraction
Abstractions from inland water will be regulated through GBR, registration, simple licence or complex licence, depending on the volume of water to be abstracted.
- <10m3/day - GBR 2
- ≥10 and ≤50m3/day - Registration
- >50 and ≤2,000m3/day - Simple Licence
- >2,000m3/day - Complex Licence
Similarly, for abstractions from coastal waters abstractions will take place under a GBR or a registration depending on volumes.
- <10m3/day – GBR 2
- ≥10m3/day - Registration
Fire prevention and incident management
The National Fire Chiefs Council (NFCC) provided guidance as part of planning practice guidance in 2003 for applicants to consider when preparing applications for BESS developments. It provides advice on the design and layout of BESS developments to promote fire prevention and containment. This is currently under review by NFCC and a draft was consulted on in August 2024. Final publication is expected in 2025.
In addition, any proposal that is progressed under the Electricity Act (1989) needs to meet the obligation to mitigate environmental impacts under Schedule 9. SEPA would investigate any water pollution incidents and take appropriate enforcement action.
Guidance on preventing pollution from firefighting is available on the NetRegs website.
The guidance note GPP18 Managing fire water and major spillages was published in November 2024 and mentions containment of fire water and the isolation of containment systems from the surface water drainage system and disposal of firewater.
The guidance also states that the management of fire-fighting waste (firewater) and the site's fire-fighting response should be discussed with the Scottish Fire and Rescue Service (SFRS).
Health and Safety
The Health and Safety Executive (HSE) has published guidance to help those with responsibilities during the life-cycle of battery energy storage systems understand their duties.
The Department for Energy Security and Net Zero (DESNZ) has also published guidance in relation to health and safety at BESS sites.
Decommissioning
BESS li-ion cells are defined as “industrial batteries” under the Waste Batteries and Accumulators Regulations 2009. The regulations require that they must be sent for recycling to an approved battery treatment operator or an approved battery exporter. Distributors are obliged to take back waste cells free of charge when requested by the end user. BESS developers should consult with proposed battery suppliers at an early stage to establish their processes for take-back and recycling, and to ensure as far as possible that these schemes (or equivalents) will be available at the predicted end of site life.
Developers should also be aware of the Waste Electrical and Electronic Equipment Regulations 2013, which imposes broad obligations on recycling of electronic products. While the core equipment of a BESS site may not meet this definition, many items installed on site will. Examples may include computers and display equipment, monitoring, control and communication instruments and lighting equipment.