PlanningBlog – Brodies LLP

Last week Brodies planning team were busy on renewable energy development.

Karen finished the wind farm inquiry in Midlothian she blogged about in February with the last 2 days focussing on planning policy.  (A minute’s silence was observed to mourn the passing of SPP6!)  Objectors to the proposal again made the argument that claimed benefits in CO2  reduction should be clearly quantified and secured by way of planning agreement. An interesting point of view, but one that hasn’t found favour with Reporters to date.

The Scottish Renewables annual conference had a session on marine development, and Robert presented a paper on the lessons to be learnt from terrestrial planning. Starting from a reasonably clean sheet always encourages optimism that the same mistakes will not be repeated, but we all need to remain alert to ensure that the lessons highlighted by Robert are learnt. 

There was also the seminar “Unlocking the Renewable Value in Your Land”, hosted by Brodies, the SRPBA and Ernst & Young. About 200 people attended, showing the high level of interest in renewable energy development.

Niall Stuart, Chief Executive of Scottish Renewables, gave an overview of the opportunities for renewable energy. He also gave Brodies’ planning team a good plug for the work they have been doing for Scottish Renewables on planning and marine development – thanks Niall!

The delegates heard from a variety of experts on assessing feasibility, structuring the project, tax implications, and legal issues with tenants, crofters and access. Yours truly spoke on planning issues, highlighting the need for new tactics in response to the new planning application procedures. A specific concern for renewables developers is the opportunity for planning applications for projects of 20MW or less to be decided by officers acting under delegated powers – if the officer refuses permission, the right of appeal is to the local review body, which consists of councillors. The project can be stymied at the local level, without any right of recourse to the Scottish Ministers. That is a concern because renewables developments often cause local controversy. A notable exception is the Earlsburn wind farm at Fintry which was approved by Stirling Council this month, despite a recommendation for refusal from the planning officers. Four neighbouring community councils agreed with the wind farm proposals.