Chapter Seven: Other Issues Raised
Introduction
7.1 While the Draft SPP was concerned with energy policy, in so far as it raised land use planning considerations, it was recognised that the document may stimulate comments concerned with the wider energy policy agenda and that these too should be recorded.
SPP 6, PAN 45 and Related Issues
Annexes A and B
7.2 One respondent suggested that Annex A added little to the document without overlaying technical information such as grid connections/capacity and proposed upgrades. Another considered it would be more helpful and meaningful to combine the information in both Annex A and B.
7.3 There were a number of comments on Annex B. These included the view that the draft had missed the opportunity to contain guidance on the consideration of further applications for electricity grid upgrades and concerns that it related solely to schemes that had already been endorsed in principle by Ofgem. One respondent indicated that the time frame for providing a significant grid upgrade such as Beauly-Denny was likely to be 10 years between first consideration and coming into operation and thought that it was therefore important that the SPP looked beyond the current proposals for grid upgrades if the 6,000 megawatt generation by 2020 was to be reached. There was a query as to whether a thorough search had been made for an alternative route from Beauly to Denny through less frequented valleys? Some respondents thought possible undergrounding was a particular issue with regard to electricity grid upgrades.
Mapping Progress with Wind Farm Developments
7.4 There was a view that to assist information gathering and raising awareness about wind farm plans, the Scottish Executive should publish an up-to-date comprehensive map on its website showing all wind farms built, planned, or proposed in Scotland, with easily found links to further information on each site. It was considered that this would assist in assessing cumulative impact, would provide easily accessible information for the public, and ease onerous increased workloads at local authority planning offices.
Updating PAN 45
7.5 There were several views that PAN 45 should be updated as soon as possible to take account of the increasing scale of new wind turbines and emerging onshore and offshore technologies, together with additional information on all technologies derived since the latest version was published. A respondent also felt that it should be made clear that where there are inconsistencies between SPP 6 and the current PAN 45, the former takes precedence. A further view was that the Scottish Executive should consider updating wind resource information to take account of the scale of turbines now in use.
Brownfield Development
7.6 Concern was expressed that the draft SPP had dropped the positive encouragement for the development of brownfield sites in semi-rural areas, including those adversely affected by historic mining activity. It was considered that there was no reason why such an approach, which is advocated in the current NPPG6 should now be dropped, especially since the National Planning Framework clearly highlighted that a major purpose of the planning system is to minimise greenfield development and reuse previously developed land, and this should apply to the development of renewable energy facilities as much as any other form of development.
Radio and TV Interference
7.7 A respondent with broadcasting interests indicated that the Draft SPP made no reference to potential radio and TV interference, while noise, environmental and heritage impacts had been retained as key considerations in the design proposals for wind farms. Impact on terrestrial broadcast signals had been omitted. They felt that there was a clear public interest for this issue to be properly recognized in the final version, especially since they believed the situation had been made worse by changes to 'notification' requirements.
7.8 There was a view that the SPP should set out specific guidance on how to secure mitigation measures where broadcasting impacts were predicted or real. The respondent felt that Section 75 Agreements were necessary, as planning conditions were not suitable where the remediation measures required third party land remote from the application site and potentially gave rise to problems in securing funding. There was a request that consultation on wind farms should include radio and television transmission providers if the development was within 5km of a broadcast installation, with confirmation that no material impact would occur, or alternatively that a technical solution was available and would be provided as part of the scheme.
Wider Energy Planning
Scottish Energy Strategy
7.9 There were a number of suggestions that the Scottish Executive should produce, at an early date, a Scottish Energy Strategy which, as well as renewables (offshore as well as onshore), would include energy conservation, micro renewables, other technologies ( e.g. clean coal, gas, nuclear) and the associated grid infrastructure. Wider than the focus of the SPP draft, it could nevertheless subsume the issues contained in it and provide an overall context which it was felt was missing from the current draft. One respondent indicated that the need for such a strategy document was reinforced by the fact that the UK Energy White Paper was published on the day following that of the draft SPP.
Energy Conservation and Efficiency
7.10 There were views that there are direct and indirect land use interests in managing the demand side of energy consumption. Some respondents felt that it would have been helpful to have the SPP cover both sides of this issue, whilst noting that some important aspects of the demand side are outwith land use planning's influence. It was considered that national land use policy that aims to minimise energy needs through improved conservation and energy efficiency, in the first instance, and addresses the residual energy needs with clean, sustainable supply, when and wherever possible, would be of value to agencies promoting sustainable development. This respondent felt that a new SPP which covered this ground could then be seen as directly supporting the integrated energy strategy for demand side management and renewable generation proposed in the Executive's strategy for renewable energy. There was a further view that Planning Authorities might be asked to investigate their areas' potential, both to reduce local energy demand and to generate power locally, for each of their main settlements as a basis for improved local sustainability.
7.11 There were some views that the key emphasis in SPP6 rested on new developments, while achieving tangible impacts in reducing fuel poverty and securing reductions of CO2 emissions would need to rely on transforming the existing housing stock, which, they considered was responsible for 30% of all emissions. Some respondents taking this view felt that grant assistance to enable installation of low and zero carbon technologies in the existing stock would be crucial and that such measures as: widening the criteria of Energy Efficiency Commitment; revamping the provisions of the Central Heating Programme; lowering VAT on maintenance and renovation work; inclusion of Whole Life Costs in the HAG funding system and introduction of the requirement to use Life Cycle Costing in maintenance programmes would provide the required mechanisms to enable residents and housing associations to embrace new technologies in the mainstream.
Electricity Grid Upgrades
7.12 Several respondents indicated that there is no mention in the SPP of the necessary action on the key infrastructure upgrades which will be required to release the potential locked up in the grid. They felt that this was disappointing, as guidance on key projects such a Beauly to Denny, was of fundamental importance to the achievement of aspirations in the time periods suggested. They believed that the Executive had to provide more strategic direction and guidance on necessary grid developments if Ministerial aims were to be realised.
Coal and Nuclear Energy
7.13 A respondent indicated that the U.K still had some 300 years worth of recoverable coal and that Scotland had a fair proportion of this. They pointed out that with CO2 scrubbers coal fired power stations could be run cleanly, and that techniques for controlled burning of coal underground to produce gas for surface power stations have been developed on the continent and in Russia. There was a concern that there was no mention of Nuclear Power in the SPP. The respondent felt that it was inadvisable to abandon this skill - resource while the rest of the world was investing heavily in it and that if we did not, it was imperative that viable alternatives were developed so the country does not fall behind in marketable knowledge and technology.
Demonstration Projects
7.14 A development industry representative suggested that the Scottish Executive should encourage the incorporation of a limited number (1%) of 'exemplar homes' within developments, which it was believed would have the effect of improving the appeal of renewable technologies, encouraging greater use and improving demand by exhibiting to the wider public that the technologies are available and work effectively and efficiently. The respondent felt that this, coupled with Scottish Executive or Council-led incentives for installation and use, would improve the potential for micro-generation, would also assist in the development of renewable technologies, improve efficiency and reduce dependency on fossil fuels.
Renewable Energy Department
7.15 There was a suggestion that a new department should be created within the government to deal solely with all renewable energy applications regardless of whether they are hydro, biomass, wind, etc and regardless of size.
Electricity Act Matters
7.16 A respondent indicated that Section 36 of the Electricity Act 1989 was designed for static structures and, in consequence, anticipated the affects of such structures and developments on communities. They took the view that it was never designed to govern the installation of 125 metre plus kinetic structures currently being proposed. Furthermore, they contended that the 1989 Act was drafted and enacted in the context of a nationalised power industry, where the interests of a national resource were weighed against community concerns, with the interests of the power generators weighted in accordance with their public asset status. The respondent felt that it was never the intention of Parliament that the commercial interests of private developers should be equally weighted, or enjoy equal status, with those of a public asset and against local communities.
7.17 Another respondent recommended that local authorities should receive and process through a planning application, all proposals and that, Section 36 submissions under the Electricity Acts, should be discontinued.
Third Party Rights of Appeal and Related Matters
7.18 A respondent wished to record their support for the introduction of a Third Party Right of Appeal, in particular where major developments have been consented in the face of public opposition, and where no legal provision is made for communities to appeal against such consent. They argued that the views of the people in any community, adversely affected by a proposal, must be given priority consideration
7.19 A further related view expressed was, that if the Scottish Executive was seriously concerned to have communities involved, they must face some responsibility in safeguarding their democratic rights. The respondent believed that there should be a mechanism whereby financial support would be given to communities that are opposed to a particular development, where a planning application is refused by the local council and is then appealed by the developer, in order to allow them to be properly represented throughout the subsequent appeal process.