Publication - FOI/EIR release

Information regarding extension of Cloich Windfarm: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004

Published:
2 Aug 2021
Information regarding extension of Cloich Windfarm: EIR release
FOI reference: FOI/202100220757
Date received: 1 Jul 2021
Date responded: 28 Jul 2021
Information requested

All information in your possession showing or tending to show what information in any form was provided to the ECU and/or Scottish Borders Council by EDF, in seeking to secure Scottish Ministers’ consent to extend the consent for Cloich Windfarm. (EC00003108) beyond the five year period already consented.

1. Please, in particular, provide all information as to which conditions were found to require further time to be investigated.

2. Please advise which conditions, if any, within the original consent have now been met and/or discharged.

3. Please advise if any work has been carried out to preserve the existence of the deemed planning permission? If so, what work?

Finally, since this is evidently a matter which required a decision by Ministers, please kindly provide a copy of officials’ advice to Ministers in respect of the request for the extension of the five year consent.

Response

Attached is a copy of the information requested at your first and last paragraphs above: information provided by EDF in seeking to secure an extension of implementation of consent and officials advice to Ministers.

1. Energy Consents officials on behalf of Scottish Minsters advise they do not hold any information as to which conditions may or may not require further time to be investigated. Conditions attached to deemed planning permission would be for the local planning authority (Scottish Borders Council) to monitor and enforce.

2. The conditions attached to the Section 36 consent for Cloich Forest Wind farm regarding notification of intended date of commencement of development and first commissioning have yet to be discharged by Scottish Ministers.

The conditions attached to the planning permission, which was deemed to be granted by Ministers alongside the section 36 consent for Cloich Forest Wind farm, are for the local planning authority (Scottish Borders Council) to monitor and enforce.

Energy Consents officials have been informed by the developer (EDF) that none of the conditions have been discharged to date.

3. Energy Consent officials on behalf of Scottish Ministers advise they have no knowledge if any work has been carried out by the Applicant to preserve the existence of the deemed planning permission.

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Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG