Wind farms – policy change
Posted: November 9, 2007
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Scottish Planning Policy 6 (SPP6), on Renewable Energy, published in March 2007, sets out how Scottish Ministers consider the planning system should "manage the process of encouraging, approving and implementing renewable energy proposals when preparing development plans and determining planning applications". Support for such proposals is manifest in the document. The policy framework set out in the document will, it is stated, ensure the delivery of renewable energy targets. Current strategy is to achieve a target of 18% of electricity generated in Scotland coming from renewables by 2010 (already met) and 40% by 2020. The latter target has been re-confirmed as 6 GigaWatts.
In considering wind farm proposals of over 20 megawatts, a spatial approach is to be used. However, it is stressed that this should not be used to restrict development on sites where the technology can operate efficiently and environmental and other impacts can be addressed. Annex A of SPP6 sets out the considerations which should be taken into account when setting out this framework. It is pointed out that the extent to which the considerations set out in annex A are relevant to proposals below 20 megawatts will depend on the scale of development proposed and recognising that the design and location of development must reflect the scale and character of the landscape. However, paragraph 23 of the SPP which refers to the need for such a framework ends by stating: "This framework should not be used to put in place a sequential approach to determining applications."
END OF THE SEQUENTIAL APPROACH
This provision will have implications for those development plan policies dealing with wind farm developments which, in their present form, adopt a sequential approach. This consists of requiring proposals to conform to a sequential consideration of tiered planning designations. The highest tier will typically consist of sites of an international designation such as Ramsar sites or Special Protection Areas. The next tier will typically consist of national designations and may include green belts. The third tier will cover local designations such as areas of landscape significance or value and the fourth and lowest tier will cover non designated areas or what are sometimes described as preferred areas for wind farm developments.
Invariably, an imperative reason of overriding public interest or need will be required in order to justify a development which would have an adverse impact on a site in the highest tier. In addition, it will require to be demonstrated that there are no alternative sites within lower tier areas. Similar provision will be found with sites within other tiers where the sequential exploration of alternatives will require to be undertaken, either absolutely or where some level of harmful impact is considered to be probable. In the lowest tier, development is generally permitted subject to consideration of local circumstances and impacts.
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