Onshore windfarms have become a popular means of income generation for landowners who, in addition to reducing their own electricity bills, may receive money for electricity sent to the grid or rental payments from electricity providers in respect of the turbines.
This has particularly been the case in the north-east, one of the most flourishing areas in the world for renewables.
With the Scottish Ministers looking for 100% of Scotland’s electricity to be generated from renewable sources by 2020, the planning system has a critical part to play in delivering those targets.
Electricity schemes below 50 megawatts (MW), and all heat schemes, fall to be determined by planning authorities. Planning authorities have been advised by the Scottish Government to provide “open-door” pre-application services to encourage and guide renewable developments in their areas.
That encouragement certainly seems to have worked in Aberdeenshire, with some 800 planning applications for wind turbines submitted to its council over 18 months. That has led to a call for a moratorium on determining windfarm applications.
It is unlikely Aberdeenshire Council will obtain its moratorium, because there is a legal requirement for authorities to determine planning applications submitted to them.
If the council fails to determine applications, applicants can appeal to the Scottish Ministers to obtain permission.
In 2010, the Scottish Government’s directorate of planning and environmental appeals received 12 windfarm/turbine appeals across Scotland. In 2011 that rose to 29; of which five were approved, 16 refused and eight as yet undetermined. Those statistics demonstrate that, regardless of the national targets, wind-turbine applications will be assessed on their own merits.
In the absence of councils identifying preferred sites for turbines or adopting strict guidelines on size and scale, or a change in the subsidies received for renewable energy, wind-turbine applications, particularly schemes below 20MW, are likely to increase.
It will be important for any planning application for onshore wind turbines to be supported by a robust environmental-impact assessment, looking at the development and its relationship with the surrounding area. The planning process involves a balancing of competing interests.
The assessment should cover issues such as impacts on the landscape, historic environment, tourism, noise, shadow flicker and the relationship to other windfarm proposals in the area. A detailed and defensible assessment will allow communities to fully understand the proposals which may affect them and provide informed comments. It should lead to better decision-making with turbines located in the most appropriate locations.
Elaine Farquharson-Black is head of the planning division at Aberdeen commercial-law firm Paull & Williamsons
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