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ANNEX A: SPATIAL FRAMEWORK FOR WIND FARMS OVER 20 MEGAWATTS
1. It is important that up-to-date development plans provide clarity to developers and communities alike on the support to be provided for renewable energy developments. For onshore wind farm developments over 20 megawatts in size, development plans should set out:
a) those broad areas of search where proposals are likely to be supported subject to specific proposals satisfactorily addressing all other material considerations;
b) those areas that can be afforded significant protection through spatial policies; and
c) the criteria to be followed in the remainder of the plan area where the approach will be to consider applications on their merits, against clear criteria and mindful of the support given in this policy to the promotion of renewable energy developments.
2. Delivery of revised spatial and criteria-based policies must be part of a comprehensive and inclusive process which takes account of views of all stakeholders including community and developer interests.
3. Development plan policies should be based on the principle that wind farms should be accommodated where the technology can operate efficiently and environmental and cumulative impacts can be addressed satisfactorily. The circumstances in which spatial policies must be used to identify areas that will be afforded significant protection are:
Areas designated for their national or international natural heritage value
NPPG 14: Natural Heritage provides guidance on the approach to be adopted in relation to protecting sites of national and international importance including those protected in compliance with European Directives. Further advice is given in Planning Advice Note 60: Planning for Natural Heritage. Planning authorities should identify and protect areas designated for their international and national heritage value in their development plans. Policies should seek to facilitate the meeting of national targets away from these locations in recognition of the strength of protection afforded to them by law.
Green Belts
SPP 21: Green Belts confirms there is a strong presumption against inappropriate development in green belts. If a proposed use would not normally be consistent with green belt designation, it may still be considered appropriate in exceptional circumstances, either as a national priority or to meet an established need but only if no other suitable site is available. If relevant, planning authorities should consider the appropriateness of wind farm developments through the development plan process to allow for wide publicity and engagement.
Cumulative impacts
Development plans should identify those areas where there are existing wind farm developments and set out, in relation to the scale and proximity of further development, the critical factors which are likely to present an eventual limit to development. Consideration may need to be given to whether, in some instances, such limits have already have been reached and, if this is the case, planning authorities should use spatial policies to identify the extent of those areas which will be afforded significant protection from further development.
4. Elsewhere, development plan policies should recognise that the existence of constraints should not, in themselves, lead to blanket restrictions on development. Where constraints exist, policies should ensure that individual proposals are still assessed within the context of a "plan-led" approach so that developers, the public and other interested parties are provided with a clear understanding of the extent of constraint and the factors that must be satisfactorily addressed to enable development to take place. Such criteria should be consistent with other development plan policies and supported, where appropriate, by spatial policies identifying the area to which the criteria applies. The circumstances in which this approach should be used include:
Historic environment
Development plan policies should set out how development can be accommodated without damaging the character of the historic environment. Further guidance is given on the relative weight which attaches to the protection of different types and categories of site in NPPG 5: Archaeology and Planning and NPPG 18: Planning and the Historic Environment. PAN 42 Archaeology and the Scheduled Monument Procedures provides more detailed advice.
Areas designated for their regional and local natural heritage value
Planning authorities should identify areas designated for their regional and local natural heritage value in their development plans. NPPG 14 confirms that such areas are important although the level of protection afforded to them should not be as high as that given to internationally or nationally designated sites. Planning authorities should use appropriate criteria to ensure that proposals satisfactorily address any impacts on the particular interest that a regional or local designation is intended to protect. In some instances, such designated areas may represent those places most valued for their scenic character within a local authority area. This leads to a higher value being placed on them and, in such circumstances, a more cautious approach to development may be confirmed through criteria based policies. In doing so, planning authorities should ensure that policies do not unreasonably restrict the ability of the plan area to contribute to national targets.
Tourism and recreational interests
Tourism is an important element in the economic, social, environmental and cultural well-being of Scotland. The beauty of Scotland's landscape attracts many visitors and sustainable tourism supports many small businesses and remote rural and island communities. Those areas which have been designated for their scenic importance are covered by other policies in this SPP. When considering development plan policies, views on whether there are other locations where there is likely to be particular sensitivities requiring carefully consideration should be sought from tourism and recreational bodies in the area and, if appropriate, broad criteria should be set out to ensure that wind farm developments are not incompatible with tourism and recreational interests.
Communities
Broad criteria should be used to set out the considerations that developers should address in relation to local communities. These should ensure that proposals are not permitted if they would have a significant long term detrimental impact on the amenity of people living nearby. When considering spatial policies, planning authorities may consider it helpful to introduce zones around communities as a means of guiding developments to broad areas of search where visual impacts are likely to be less of a constraint. PAN 45 confirms that development up to 2 km is likely to be a prominent feature in an open landscape. The Scottish Ministers would support this as a separation distance between turbines and the edge of cities, towns and villages so long as policies recognise that this approach is being adopted solely as a mechanism for steering proposals to broad areas of search and, within this distance, proposals will continue to be judged on a case-by-case basis.
Buffer zones
Planning authorities should not impose additional zones of protection around areas designated for their landscape or ecological value including sites of national and international importance. However, the potential impact of proposals on such areas may be a material consideration to be taken into account when determining planning applications. Where there are potential significant effects on a Natura 2000 site the competent authority will require to undertake an appropriate assessment under the Habitats Regulations.
Aviation and defence interests
Development plan policies should, following consultation with the relevant bodies, take account of the need to address impacts on airport operation, flight activity, aviation and defence radar and seismological recording and confirm that it is a matter for developers to address these impacts through discussion with the relevant bodies. Planning authorities should undertake consultation with the relevant bodies when considering applications to ensure that impacts have been satisfactorily addressed.
Broadcasting installations
Development plans should take into account the location of radio and television broadcasting installations within the area and include criteria to ensure that the protection or reprovision of transmission links is maintained. Where applicable, applicants should consult with network owners to ensure that no material impact will occur, or alternatively that a technical solution is available and will be provided as part of the scheme.
Outwith protected and potentially constrained areas
5. The above process should enable planning authorities to identify those areas where there are no significant constraints on development. This should be reflected in the criteria set out in development plans. There may be scope to consider whether these areas can be further refined to provide developers, communities and other interested parties with a stronger steer towards broad areas of search where development is favoured. The issues that should be considered include:
Other natural heritage interests
There may be locations within the plan area that, although not formally designated, include habitats or landscape characteristics that are considered
to be more sensitive to development than others. These areas should not be afforded the same protection as designated sites. However, in line with
Article 10 of the Habitats Directive and the European Landscape Convention, it may be appropriate, particularly where significant development opportunities exist elsewhere in the area, to use the development plan process to steer development to other sites that are considered within the area to be more suitable for development.
Project viability
Planning authorities should consider, in consultation with the wind farm industry, issues such as wind speed, site access, ground suitability and other key environmental factors which could impact on development. This should ensure that broad areas of search are capable of accommodating a viable wind farm project.
Grid
Planning authorities may consider steering developments to areas where existing and approved grid capacity can be maximised and wind farm developments are likely to be able to be accommodated. This is intended to facilitate early achievement of the Executive's 2020 target. However, policies should also recognise that upgrade of the grid is essential if Scotland is to realise fully its renewable energy ambitions. Grid constraints should not, therefore, be used to exclude the identification or safeguarding of appropriate broad areas of search where renewable energy potential exists and there is likely to be developer interest in bringing forward proposals.
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