Last week the Scottish Government released a draft consultation document titled; public engagement on Wind Turbine proposals: Good practice guidance. The document has been published following a public petition (PE1469) which sought the Scottish Parliament's support in urging the Scottish Government to increase the neighbour notification distance for wind turbine proposals from the present 20 metres, rather than a legislative change. The Government has acknowledged that updated guidance would be useful in order to address the issue.

The document provides good practice on means by which stakeholders can and should engage with communities on wind turbine proposals. It aims to advise a number of different stakeholders including Local Planning Authorities, developers, community groups and members of the public.

Consultation commenced on 3rd November 2014 and responses to questions within the document should be submitted before 15th December 2014. 

The document reviews the law and policy requirements concerning public engagement and planning in general including a consideration of the Town and Country Planning (Scotland) Act 1997 and the Scottish EIA regulations. It highlights the requirements contained within The Good Practice Principles for Community Benefits from Onshore Renewable Energy Developments and Planning Advice Note 3/10: Community Engagement. Interestingly, the document also makes a direct comparison with the systems in England, Wales and Northern Ireland highlighting the English compulsory engagement requirements in respect of onshore wind developments involving more than 2 turbines or any turbine with a hub height exceeding 15m which were introduced in 2013.

The document references the Good Practice in reconciling Wind Energy, designed to; "demonstrate and disseminate good practice from EU countries to target audiences across Europe." In addition to this guidance, readers are asked whether they can identify further relevant sources of good consultation practices which could be considered. Additional questions relate to the various procedural steps to be taken as part of a consultation exercise including neighbour notification and display of information and to good examples of consultation practices and successful public engagement exercises.

The document acknowledges that; "wider awareness of wind turbine proposals should help communities to feel more involved and develop understanding of the proposals, constraints and possibilities and the policy context in which proposals occur. Prospective applicants will have an opportunity to consider public concerns and address these in their proposals" At Zyda Law, we have always encouraged our clients to undertake a thorough community engagement exercise and can provide advice on an effective community engagement campaign.

A link to the full document can be found at
http://www.scotland.gov.uk/Publications/2014/11/7727

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