Public participation in environmental decision making is a fundamental part of the legal framework governing major energy infrastructure developments in Scotland.

Under the Electricity Act 1989 and the Environmental Impact Assessment framework, members of the public have the right to submit representations on applications such as wind farms, grid infrastructure and other large-scale energy developments.

These representations form part of the statutory decision-making process. They allow communities, environmental groups and individual members of the public to examine environmental information, raise concerns and ensure that decision makers are aware of potential impacts before decisions are taken.

For over a decade the Energy Consents Unit accepted representations through several communication routes. Members of the public could submit their views by email, by post or through the Energy Consents online portal.

Email submissions have now been removed.

As a result, the public is now expected to submit representations either through the Energy Consents portal or by sending documents through the post.

The portal itself imposes significant restrictions on how representations can be submitted. It limits the length of submissions, removes formatting and styling, and restricts the ability to attach supporting documents or evidence.

In practice this reduces submissions largely to plain text entries, preventing members of the public from presenting structured arguments, formatted documents, technical reports or supporting material in the way that was previously possible through email.

While this may appear to be an administrative change, the practical implications for accessibility, the quality of public representations and the ability to submit supporting evidence are significant.

By restricting submissions largely to plain text through the portal and limiting formatting, length and attachments, the system reduces the ability of members of the public to present structured arguments, include technical material or submit supporting documentation alongside their representations.

𝗧𝗛𝗘 𝗘𝗖𝗨 𝗣𝗢𝗥𝗧𝗔𝗟 𝗜𝗦 𝗡𝗢𝗧 𝗙𝗨𝗟𝗟𝗬 𝗔𝗖𝗖𝗘𝗦𝗦𝗜𝗕𝗟𝗘

The Scottish Government’s own accessibility statement confirms that the energyconsents.scot website is only partially compliant with the Web Content Accessibility Guidelines.

The statement identifies accessibility issues including colour contrast limitations, links that rely solely on colour for identification, keyboard navigation challenges and user interface components that do not fully communicate with assistive technologies.

These types of barriers can affect people who rely on screen readers, keyboard navigation and other accessibility tools.

Email, by contrast, is widely recognised as one of the most universally compatible digital communication methods. It works reliably with screen readers, speech recognition software and a wide range of assistive technologies used by disabled people.

Removing a universally compatible digital route while relying primarily on a system acknowledged not to be fully accessible raises understandable concerns about whether some individuals may face barriers when attempting to participate.

𝗘𝗤𝗨𝗔𝗟𝗜𝗧𝗬 𝗔𝗡𝗗 𝗔𝗖𝗖𝗘𝗦𝗦𝗜𝗕𝗜𝗟𝗜𝗧𝗬 𝗖𝗢𝗡𝗦𝗜𝗗𝗘𝗥𝗔𝗧𝗜𝗢𝗡𝗦

It has also been confirmed through information disclosures that no Equality Impact Assessment was undertaken before email submissions were removed.

Under section 149 of the Equality Act 2010, public authorities are required to have due regard to the impact of their decisions on disabled persons when exercising their functions.

When a public authority changes how individuals access a statutory process, it is generally expected that equality impacts will be carefully considered before those changes are implemented.

The absence of a published Equality Impact Assessment has therefore raised concerns among members of the public, accessibility advocates and elected representatives.

The Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations also require public authorities to work towards accessible digital services and to ensure that individuals who cannot access those systems are able to obtain the relevant service through alternative means.

The removal of email has reduced the range of accessible digital submission routes available to the public.

𝗪𝗛𝗬 𝗣𝗢𝗦𝗧𝗔𝗟 𝗦𝗨𝗕𝗠𝗜𝗦𝗦𝗜𝗢𝗡 𝗜𝗦 𝗡𝗢𝗧 𝗔𝗡 𝗘𝗤𝗨𝗜𝗩𝗔𝗟𝗘𝗡𝗧 𝗔𝗟𝗧𝗘𝗥𝗡𝗔𝗧𝗜𝗩𝗘

It has been suggested that members of the public may still submit representations by post.

However, postal submission does not provide an equivalent alternative to digital communication for many individuals.

Printing representations and supporting documents can involve significant cost, particularly where submissions include multiple pages or technical evidence.

Postal submission can also present practical barriers for individuals with mobility impairments, neurological conditions, chronic illness or visual impairments who may find printing, packaging and physically posting documents difficult without assistance.

Digital communication allows many people who rely on assistive technologies to prepare and submit representations using accessible software and adaptive tools. Requiring those individuals to convert digital documents into printed copies can create unnecessary barriers.

Postal submission also introduces delays and uncertainty because documents must be physically delivered and manually processed before they can be logged.

For these reasons, many people do not regard postal submission as an equivalent or accessible alternative to email.

𝗪𝗛𝗬 𝗧𝗛𝗜𝗦 𝗠𝗔𝗧𝗧𝗘𝗥𝗦

Decisions taken through the Energy Consents Unit affect landscapes, communities, biodiversity and local environments across Scotland.

Public scrutiny of these developments is an important safeguard within the planning system. Communities must be able to review environmental information and submit their views without unnecessary barriers.

Accessible participation is therefore essential to maintaining public confidence in environmental decision making.

𝗪𝗘 𝗖𝗔𝗟𝗟 𝗢𝗡 𝗧𝗛𝗘 𝗦𝗖𝗢𝗧𝗧𝗜𝗦𝗛 𝗚𝗢𝗩𝗘𝗥𝗡𝗠𝗘𝗡𝗧 𝗧𝗢 𝗜𝗠𝗠𝗘𝗗𝗜𝗔𝗧𝗘𝗟𝗬 𝗥𝗘𝗜𝗡𝗦𝗧𝗔𝗧𝗘 𝗘𝗠𝗔𝗜𝗟 𝗦𝗨𝗕𝗠𝗜𝗦𝗦𝗜𝗢𝗡𝗦 𝗧𝗢 𝗧𝗛𝗘 𝗘𝗡𝗘𝗥𝗚𝗬 𝗖𝗢𝗡𝗦𝗘𝗡𝗧𝗦 𝗨𝗡𝗜𝗧.

Email must be restored as a lawful and accessible submission route through which members of the public are able to submit representations on energy infrastructure applications.

The removal of a universally compatible digital communication channel has materially restricted the manner in which the public can exercise their statutory participation rights. Reinstating email submissions is therefore necessary to restore a fair, accessible and proportionate mechanism for public engagement within the Energy Consents process.

Maintaining accessible and functional communication routes is essential to ensuring that participation in environmental decision making remains open, effective and available to all members of the public.

Please sign and share this petition; to support the reinstatement of email submissions and to ensure that communities across Scotland can continue to engage with decisions that affect their environment and their future.

Petition initiated by ObjectNow.