Planning and the EIA Process
Identify Potential Sites
Modern wind turbines, like many other land uses such as offices and shopping complexes, need to be located in areas where they are both viable and any effects on the local area are acceptable. Although finding suitable locations for wind turbines does not require, for example, the detailed socio-economic analysis needed for assessing whether a shopping complex would undermine the vitality of a town centre. However sites for wind turbines do need four key attributes:
1. sufficient wind to make the site financially viable;
2. a connection point to some electricity lines so that power can be taken from the site;
3. roads of sufficient width so that the turbines can be delivered; and
4. a willing landowner with sufficient space for the turbines to be built.
Investigate Feasibility
Once a potentially suitable site has been found various technical and environmental studies and consultations are undertaken in order to establish whether there are any factors which would mean that the turbines could not be built. For example, the site may be important for birds or the Ministry of Defence may raise an objection. It is at this point in the life cycle of developing a site for wind energy - which normally takes three years, that the formal planning process starts.
The Planning Process Begins
Like most other structures or buildings wind turbines normally require planning permission from the Local Planning Authority (LPA). Before a planning application is submitted, in order to comply with the ‘1999 Environmental Impact Assessment (EIA) Regulations’, an agreement has to be reached between the LPA and the wind energy developer as to whether or not the planning application needs to be accompanied by an Environmental Statement. The Environmental Statement is produced in accordance with an established EIA process which is a way of identifying, drawing together, and assessing in a systematic way the likely significant environmental effects which may occur as a result of the development taking place. In order to reach agreement the developer submits to the local planning authority a document called a ‘Request for a Screening Opinion’ in which the proposed development is outlined, together with reasons why the developer considers an EIA is or is not required. The LPA then has three weeks to issue a screening opinion setting out whether the development is classified as an EIA development, as set out in the ‘1999 EIA Regulations’. The developer can challenge the LPA’s decision by requesting that the appropriate regional government office issues a Screening Direction, although this is not normally undertaken.
What studies need to be carried out?
The next stage in the planning process is for the developer to submit to the local planning authority a ‘Request for a Scoping Opinion’. This document seeks the LPA’s view on what the likely significant environmental issues are which should be studied in detail by the developer and be included in the Environmental Statement to accompany the eventual planning application. The LPA have five weeks to consult a wide range of statutory bodies, such as Natural England, Scottish Natural Heritage and the Countryside Council for Wales. Once issued the developer has a clear understanding of what issues need to be addressed and studied before the planning application is submitted.
The studies are carried out and the EIA Produced
Typically it takes 12 to 24 months for the developer to complete all the environmental studies needed for the Environmental Statement, which include for example, bird and ecology studies, noise monitoring and aviation assessments. Even if the Screening Opinion found that an EIA is not required for the turbines, a planning application would still be accompanied by an Environmental Report, assessing a range of possible effects from the development. Once the planning application has been submitted, the LPA normally try to take a decision within 16 weeks, during which time the application is sent out to consultation to a wide range of statutory and non statutory consultees and assessed against local, regional and national planning policy.
The planning application is decided
The planning officer prepares a report and makes a recommendation to the elected councillors on the planning committee as to whether the application should be approved or refused. Once councillors have taken a decision, a decision notice is issued by the council.
If the application is approved, the planning permission will be accompanied by a range of planning conditions with which the developer of the site will need to comply. These conditions typically require, for example, that the turbines are removed after 25 years and that any noise from the turbines is strictly limited to levels set by the Government. If however the application is refused the developer has 6 months to decide whether or not to appeal against the decision of the council and have the application determined by an independent planning inspector. The appeals process adds significant costs and delays to the development of a site and is normally only undertaken in exceptional circumstances.