Time limited consent

Normally, it is stipulated in planning conditions that development must commence within 3 years of award of consent.(Occasionally  an appplicant can get an increase to 5 years awarded by Scottish Ministers or a Local Authority) Commencement of a development requires a formal notification procedure by a developer under the Town and Country Planning (Scotland) Act 1997 – you can’t just stick a spade in the ground and say you’ve started.

There was an exclusion of ‘time limited’ consents from losing their planning permission under section 58 (4) (c) of the Act, such that they could still commence development after 3 years.

This has meant some developers simply ‘bank’ their consent in the knowledge that they can commence the development (wind farm) later, at a date to suit themselves. That has led to uncertainty over the provision of electricty and a planning blight for many people.

So it’s refreshing to see that this bizarre loophole has now been closed as of 01.10.22, although the 3 year guillotine effect won’t come into effect until October next year for any windfarms which have been consented since 01.10.22 but not yet commenced construction .