New Wind Turbine Planning Legislation

New legislation comes into force on 17th December 2013 that requires applicants for planning permission for a wind turbine over 15m hub height (or for more than 2 turbines) to undertake public consultation prior to the submission of a planning application.

The team at Less-CO2 Ltd are ready and prepared for this new requirement and a suitable public consultation process (that is proportionate to the scale and location of any proposed turbine) will be included in our standard planning application service.

The legislation and the accompanying explanatory memorandum, which can be read on this link: http://www.legislation.gov.uk/uksi/2013/2932/contents/made, requires applicants for planning permission to:

“publicise the proposed application in such manner as they reasonably consider is likely to bring the proposed application to the attention of the majority of persons living at, or otherwise occupying, premises in the vicinity of the land on which the proposed development would take place.”

The explanatory memorandum also states that “there is no one-size fits all approach to pre-application consultation and decisions as to the requirements in terms of the nature and extent of consultation are best made at the local level on a case by case basis.”

We would expect to clarify with the Local Planning Authority how the public consultation is to take place, extent of notification etc. to avoid any subsequent delays in validation of the planning application.

More specific guidance in relation to the public consultation process is expected to be published soon by DCLG and will be updated on this blog, so watch this space.

In submitting an application for planning permission for a wind turbine on your behalf, we will be required to show:

  • how we have undertaken the public consultation,
  • provide any responses received, and
  • show how we have taken account of those responses.

The team at LessCO~2 Ltd are positive about this new legislative requirement to consult the local community at an early stage in the process. We can see how useful it would be for the local community to get more involved, especially in relation to the positioning, colour scheme for the turbine, and any proposed landscaping or planting, as well as being able to discuss and provide reassurance in relation to the separation distances required to avoid any impact from noise.

So if you are considering a planning application for a wind turbine such as the Endurance E-3120 (50kW) wind turbine or the Gaia-133 (11kW) wind turbine and you want professional, experienced planners to deal with your planning application, then please get in touch today.