The Scottish Government says, “Conditions imposed on Section 36 consent/the approval of deemed planning permission can enable many development proposals to proceed where it would otherwise have been necessary to refuse the application.”
Many of us know, to our cost, that planning conditions are meaningless unless they’re enforced and local authorities who are responsible for that, will tell you that enforcement of any planning condition is entirely at their own discretion. Since enforcement costs the authority time and money, you may be told that unless significant harm is evident, enforcement measures will not be taken. Of course how would you know that, for example (a real one) significant pollution of ground or surface waters is occurring if the monitoring required by planning conditions is not happening. Ignorance is bliss!
The ECU, that opaque Scottish Government institution responsible for s.36 windfarm applications, was made responsible for drafting new ‘standard’ planning conditions. These were published at the end of last year: https://www.gov.scot/publications/standard-onshore-wind-conditions-section-36-consent-and-deemed-planning-permission-form-and-guidance/
It’s important to look through this, as developers are encouraged to submit their own version of planning conditions that they consider to be appropriate for their particular development.
Whilst enforcing any condition is still discretionary, Community Councils ARE statutory consultees to a s.36 application and therefore according to the Scottish Government they should be consulted and allowed to make their own recommendations as to whether planning conditions are adequate and appropriate – within the boundaries set by what is appropriate for any planning condition. For example, a CC may strongly recommend that a planning condition to monitor and protect private water supplies is suspensory – ie. must be put in place before any construction can commence.
So there you have it- make sure your Community Council is consulted and DOES have input into appropriate site specific planning conditions.
Many of us know, to our cost, that planning conditions are meaningless unless they’re enforced and local authorities who are responsible for that, will tell you that enforcement of any planning condition is entirely at their own discretion. Since enforcement costs the authority time and money, you may be told that unless significant harm is evident, enforcement measures will not be taken. Of course how would you know that, for example (a real one) significant pollution of ground or surface waters is occurring if the monitoring required by planning conditions is not happening. Ignorance is bliss!
The ECU, that opaque Scottish Government institution responsible for s.36 windfarm applications, was made responsible for drafting new ‘standard’ planning conditions. These were published at the end of last year: https://www.gov.scot/publications/standard-onshore-wind-conditions-section-36-consent-and-deemed-planning-permission-form-and-guidance/
It’s important to look through this, as developers are encouraged to submit their own version of planning conditions that they consider to be appropriate for their particular development.
Whilst enforcing any condition is still discretionary, Community Councils ARE statutory consultees to a s.36 application and therefore according to the Scottish Government they should be consulted and allowed to make their own recommendations as to whether planning conditions are adequate and appropriate – within the boundaries set by what is appropriate for any planning condition. For example, a CC may strongly recommend that a planning condition to monitor and protect private water supplies is suspensory – ie. must be put in place before any construction can commence.
So there you have it- make sure your Community Council is consulted and DOES have input into appropriate site specific planning conditions.
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