Question reference: S5W-27791
- Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
- Date lodged: 6 March 2020
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Current status: Answered by Kevin Stewart on 16 March 2020
Question
To ask the Scottish Government whether it has undertaken an analysis of the efficacy of windfarm grant conditions imposed by its reporters when granting planning permission for wind turbine applications on appeal, and whether it has conducted a review into local authorities’ reasons and ability to enforce these conditions.
Answer
The Scottish Government has not undertaken any analysis in respect of the efficacy of planning conditions in wind farm developments. It is the responsibility of the determining authority, whether that be the planning authority or Scottish Ministers on appeal, to ensure that conditions meet the six tests set out in Circular 4/1998 on the Use of Planning Conditions in Planning Permissions, in that they are necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise, and reasonable in all other respects. Any party, including the local planning authority, has the right to challenge the reporters decision to the Court of Session on a point of law – this could include matters relating to conditions attached to a planning permission.
Enforcement of planning control is a matter for the planning authority. There are a wide range of enforcement powers in planning legislation and planning authorities have discretion to determine what power, or combination of powers, to use in any particular situation.
Where an appeal has been made to Scottish Ministers, planning regulations require the planning authority to provide to the appointed reporter, amongst other things, a note of the conditions that the planning authority consider should be imposed in the event that planning permission is granted. In the majority of appeals which are allowed these conditions are largely accepted by the reporter however it is open to them to decide that some or all of those conditions should be amended or that additional conditions should be imposed. DPEA will give careful consideration to any possible impact on any future decisions in relation to any matters raised in this regard from a planning authority.