10 Jun 2024
Borders Wind Farm Watch, a community initiative concerned about planning procedures for larger wind farm applications, has submitted a response to the Scottish Government’s consultation on resourcing Scotland’s planning system.
The consultation, which closed on Friday 31 May, sets out a range of options which have the potential to improve the capacity of the Scottish planning system. One key element of the consultation is that it proposes a potential reclassification of onshore energy generation applications so that local authorities can do more.
In the current system it is the role of the Energy Consents Unit (the body responsible for administering the process on behalf of the Scottish Ministers) to decide on applications to build and operate onshore wind farm developments with a capacity of more than 50 megawatts under the Electricity Act 1989, section 36. The consultation explores raising that threshold, which would mean more applications could be determined by local planning authorities.
Senior Counsel who presented a petition to Scottish Borders Council in March on behalf of representatives from Community Councils and others, has submitted the response to the Scottish Government consultation. In the response he states that local planning authorities should have the responsibility to determine wind farm applications that exceed 50 megawatts of installed capacity.
John Campbell KC said: “Renewables technology has improved and grown so that 50 megawatts, a figure set in 1989, is no longer of relevance to today's more advanced technology. The 50 megawatts limit was set so that a nationalised industry could control access by generators to the grid as it was at that time.
“Today, the grid is managed differently, by the Future Systems Operator, and many larger installations are in play. No consents should be issued without some guarantee of a connection to the grid. Local planning authorities know what is suitable for their area and can consult with and cooperate with the Future Systems Operator to develop an holistic approach across Scotland and into the markets of England.
“Local planning authorities have developed enough expertise to be successfully consulted by the Energy Consents Unit, and are capable of reading and understanding Environmental Impact Assessments which are (or should be) the comprehensive studies that evaluate the potential significant environmental effects of a project. In our view, there should be no limit for local planning authorities.”
In a petition to Scottish Borders Council’s Petitions Committee, Counsel asked that the Planning and Building Standards Committee review the procedures currently operated by Planning Officers in respect of wind farm planning applications.
He said: “Since last year, Scottish Borders Council has decided to not take account of the public’s views when formulating its consultation responses to the Energy Consents Unit. Instead, the Council has advised members of the public to submit its response to the Energy Consents Unit directly.
“By not considering important external consultee responses and those from the public, our Councillors are potentially not appraised of the full picture, an approach that is certainly not "best practice", compared with other planning authorities. Direct representations to Council Planning Officers and a public question to the Council on this subject have both effectively been stonewalled.
“Can a Planning Committee member truly, exercising due care and attention as an informed, elected member of a Council, really say what a Council’s opinion is on an application under section 36 if he or she doesn’t know what their Community Councils and constituents think?
“The petition asks that the Committee instructs Officers to include comments and responses from Community Councils and local residents and members of the public in their reports, in line with the procedure which is adopted by other local planning authorities.”