- 18 Sep 2018
Date received: 23 July 2018
Date responded: 18 August 2018
“When you are making a determination in this case, what is the exact criteria that you use. For the avoidance of doubt, I require the exact guidance and legislation which you will use when reaching your determination. Additionally, how many residential properties will be affected by this development, and how many have been affected by earlier phases of this wind farm?”
The answer to your questions are:
Proposals to construct and operate wind farms with a nominal generation capacity of over 50MW require consent from Scottish Ministers under section 36 of the Electricity Act 1989. On granting consent, Ministers may also direct that planning permission for that development shall be deemed to be granted in terms of section 57(2) of the Town and Country Planning (Scotland) Act 1997. The Electricity (Environmental Impact Assessment) (Scotland) Regulations 2017 and the Electricity (Applications for Consent) Regulations 1990 set out requirements and obligations for both applicants and Scottish Ministers when applying for and processing applications of this nature. Ministers will also take into account Scottish Planning Policy 2014 which includes details of national planning policy on renewable energy in Scotland.
It is unknown how many residential properties will be affected by the proposed Clashindarroch II wind farm as there is no application before Ministers at present. The Clashindarroch wind farm was consented by Aberdeenshire Council as the generation capacity fell below 50MW, therefore we do not hold any information regarding the number of residential properties which have been affected.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in below. However, you may wish to contact Aberdeenshire Council at email@example.com who may be able to help you regarding how many residential properties have been affected by earlier phases of this wind farm.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House