The Town and Country Planning Development Management Procedure Order requires developers proposing certain wind energy schemes to undertake community and other consultations before they submit a planning application.
What applications does the consultation requirement apply to?
A person must carry out consultation before applying for planning permission for any development involving an installation for the harnessing of wind power for energy production where:
- the development involves the installation of more than two turbines;
- or the hub height of any turbine exceeds 15 metres
These criteria do not apply to:
- applications made pursuant to section 73 of the Town and Country Planning Act 1990 (determination of applications to develop land without compliance with conditions previously attached); or
- applications for a replacement planning permission under Article 20(1)(b) or (c) of the Development Management Procedure Order 2015
What must I do as part of the consultation process?
You must:
- publicise the proposed application in such a manner as you reasonably consider is likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land.
Your publicity must:
- set out how you may be contacted by people wishing to comment on, or collaborate with you on the design of, the proposed development; and
- give such information about the proposed timetable for the consultation as is sufficient to ensure that people wishing to comment on the proposed development may do so in good time.
We recommend that as a minimum you:
- display a site notice on the land;
- publish a press notice in the local paper; and
- contact the Parish Council.
What information must my application include?
Where consultation is required an application for planning permission must be accompanied by particulars of:
- how you have complied with section 61 W(1) of the Town and Country Planning Act 1990;
- any responses to the consultation you have received; and
- the account you have taken of those responses.
This is a minimum legal requirement. We will not validate an application for a wind energy proposal above the thresholds without the above information.
