By Stuart Gillespie
The council has had to ditch a plan to force windfarm developers to give
money to local communities.
The move comes after officials sought legal advice on their windfarm
community benefit policy.
The economy, environment and infrastructure committee was told on Tuesday
that around £400,000 a year is currently being paid out in community
benefits – a figure that will rise to almost £3million when approved
windfarms are up and running.
Originally it had been intended for turbine operators to pay £5,000 a year
per megawatt. Half would go to local communities and half would go into a
central pot run by the council – a move development contributions officer
Laurie McNabb admitted to members had proven “contentious”.
He said: “The regional fund in its current form is still perceived by a
significant number of communities and developers to be ‘taken by the
council’ for statutory activities, despite assurances to the contrary.”
In his report for members, Mr Laurie said it was senior counsel’s opinion
that such community benefit agreements were lawful but only if the
developer was in favour. It was deemed “not appropriate” for the council to
try to enforce the policy on an unwilling developer.
The report added this matches up in with the latest Scottish Government
advice – a change from 2013 when a consultation document suggested using
planning conditions to secure benefits.
Councillors agreed to change the policy and the 50/50 split has been
removed, although a voluntary region wide fund remains. There will only be
discussions with community councils whose area covers or borders the
development side. Currently communities within 15km are consulted.
Committee chairman Colin Smyth said: “Councillors unanimously agreed a way
forward that makes it clear that any such regional fund would be voluntary.
I also want to make it clear that any funding in a central pot would be
used for community projects and not council work.
“However, the crucial decision councillors made was to put in place
resources to work with communities to support them in getting the best
possible deal from any developer.
“The Scottish Government guidance makes clear that a windfarm company
doesn’t legally have to pay any community benefit, the level of £5,000 per
megawatt is purely a suggestion and windfarm companies can, and have, paid
less and at the end of the day the windfarm companies make the final
decisions on what any money is spent on.
“That’s why we want to work with communities, if they want us to, and
ensure they do not lose out.
He added: “I don’t think people realise the scale of the funding that could
land on the laps of communities over the next few years. We are talking
about possibly an extra £2.4million a year.
It is vital that how that money is spent is determined by the communities
as far as possible and it meets the needs of those communities. Some will
have the capacity to deal with any funding, others won’t and the last thing
we want is for any local community to get a poor deal or face criticism
from local residents that any funding is wasted.”
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