9th
Feburary
2010
Renewables Expert Warns of Planning Postcode Lottery
Atmos' Principal Planner has warned that, six months from its implementation, there are already signs of Scotland's updated planning system becoming a 'postcode lottery' for developments and that the Scottish Government's target of supplying 40% of Scotland's energy from renewable sources by 2020 could be endangered by new decision-making procedures.
Under the new planning system, local authorities have greater power over so-called 'local developments', which in terms of renewable energy schemes means projects less than 20MW. Local developments could actually be highly significant – for example, a wind farm of nine 100metre high 2MW wind turbines, which could actually provide electricity for over 10,000 homes.
Philip Lewis, has warned that smaller renewable energy developments could be endangered by the new planning system:
"The principal aims of the new planning system, namely to speed up and improve the decision-making process, are to be welcomed, but there are concerns in the renewable energy industry that the new system will create a planning postcode lottery, as well as reduce the number of community-led renewable energy projects being granted."
The threat of a 'planning postcode lottery' exists because of the varied processes used by each local authority. Under the new planning system some local authorities, such as South Ayrshire Council, have opted to continue to decide the more contentious planning applications through the traditional committee systems, rather than delegating powers to planning officers.
Philip Lewis explained: "These variations in approach will inevitably lead to differences in the types and amounts of developments being permitted across Scotland, with some local authorities leaving it to others to pick up our renewable energy supply."
Philip Lewis also voiced concern that, under the new system, local authorities had the potential to become judge, jury and executioner for smaller-scale renewable projects. He commented: "Under the new system, most 'local developments' are likely to be determined by Council Officers under delegated powers with the right of 'appeal' being to a 'local review body' of the same council, made up of Councillors, rather than a right of independent appeal to Scottish Ministers.
"Effectively, a Council will act as decision maker and then review the decisions of its professional officers. Automatic right of appeal to Scottish Ministers will only be attached to applications for major development.
"Developers will be concerned that the new system may not deliver fair public hearings by independent and impartial tribunals, given that council officers and the local review body are part of the same local authority. A similar arrangement was rejected in England due to these concerns. This could lead to fewer renewable energy developers opting to invest in Scotland, which would have detrimental effects for the economy and of course our renewable energy targets."
Considered to be at particular risk are those renewable energy schemes which due to their relative small size, may have relatively low environmental impacts, such as community-led schemes and schemes in and around urban areas to serve industry, which nevertheless may prove contentious in certain circumstances.
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