Standard onshore wind conditions – section 36 consent and deemed planning permission: form and guidance

These conditions have been developed to ensure consistency in approach in decisions and in turn producing certainty to the development industry on the type and style of conditions to be applied but also to facilitate more efficient discharge of conditions by the Scottish Ministers and the relevant Planning Authority, in consultation with the relevant consultees.

Conditions imposed on Section 36 consent/the approval of deemed planning permission can enable many development proposals to proceed where it would otherwise have been necessary to refuse the application.
Conditions may only be imposed to serve a planning purpose. They cannot be used to secure benefits such as community benefit or enhancements which are not related to the impact of the development.

While this suite of standard conditions has been produced, it is recognised that conditions should be revised or adapted where appropriate to suit the particular circumstances of a case, and additional conditions may be required where appropriate. To assist in use of the standard conditions guidance related to some conditions can be found in footnotes in the document download.

When and how to engage with the Standard Conditions 

Submission by applicants

To increase efficiencies in the consenting process, the Applicant is encouraged to submit a tracked changes version of the document available for download below setting out the conditions it considers should apply to its application should it be approved by the Scottish Ministers. The completed conditions document should be submitted alongside the application:

• the conditions applied should encompass all mitigation proposed by the Applicant

• in making any modifications please provide a justification for the change in the “Applicant / Consultee Comment or Modification” column of the table
• the final column in the table below sets out whether the condition should be included on all consents or whether it is optional
• items in square brackets should be completed prior to submission

Consultee responses

To increase efficiencies in the consenting process, all Consultees are encouraged to submit a tracked changes version of the conditions proposed by the applicant using the template. This will be provided to the consultee by the ECU during the consultation period. Any additional conditions sought by a Consultee should also be added to the template before it is returned to the ECU. The conditions schedule from the applicant will also be available on the ECU Portal:

• the conditions sought should encompass mitigation to address matters within the interest of the Consultee

• it is acceptable for consultees to delete any conditions from the table which are not related to their interests
• in making any modifications please provide a justification for the change in the “Applicant / Consultee Comment or Modification” column of the table
• the final column in the table below sets out whether the condition should be included on all consents or whether it is optional
• items in square brackets should be completed prior to submission

Following receipt of all consultation responses and proposed conditions officers in the ECU will collate a document comprising the conditions from the Applicant and Consultees:

• if the application is not going to be subject to a Public Inquiry then there will be a further opportunity to discuss and refine the conditions with the case officer prior to a recommendation on the application being made
• if the application is going to be subject to a Public Inquiry a copy of the originally submitted conditions from the applicant and a collated copy with all Consultee comments will be passed to the DPEA
   

Standard Onshore Wind Conditions – February 2025

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Word document

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161.8 kB