Prior Notifications (free standing wind turbines in the curtilage of domestic properties)

The Regulations

Class 6G of The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) permits the installation, alteration, or replacement of a free-standing turbine within the curtilage of a dwelling subject to the following prior notification process.   Guidance on some of the terms used can be found here.  

The Process

Developers can submit a prior notification for determination as to whether or not prior approval is required.  The Council has 28 days to respond to prior notification and if we do not respond within that period the development can go ahead.   The Council is likely to respond in every case.  The response will either be prior approval is not required in which case development can proceed or prior approval is required in which case there is further procedure to through.   If prior approval is required, we will send you another simple form to complete and the decision letter will make clear if any additional information is required. Sometimes no additional information is required.  If prior approval is required, development cannot proceed unless prior approval is granted.   You have a right of appeal to Scottish Ministers against any decision made on or condition attached to a prior approval.   You can also appeal against non-determination if the prior approval is not determined within 8 weeks.  

Prior Notification cannot be submitted retrospectively.  If you have already started works then planning permission will be required.  

Permitted Development rights may not apply if the land is a covered by a designation such as National Scenic Area (NSA), Special Area of Conservation (SAC) or a Special Protection Area (SPA).  Please contact us for further advice if you think that might apply to your case. 

 The need for Environmental Impact Assessment (EIA) will be considered.  

Limitations

Development is not permitted by this class—

• if it would result in the presence within the curtilage of a dwelling of more than one free standing wind turbine,
• if the wind turbine would be situated a distance which is less than 110% of the blade tip height of the turbine from the curtilage of another dwelling,
• if the blade tip height of the wind turbine would exceed 15 metres,
• if the lowest part of the wind turbine blade tip would be less than 5 metres from ground level,
• within—
• a conservation area,
• the curtilage of a listed building,
• a World Heritage Site,
• a site of special scientific interest,
• a site of archaeological interest.

You should seek advice from the Council to establish if prior notification is appropriate in your case.  

What we consider

In considering a prior notification the Council can will consider the siting, design, size and external appearance of the turbine.  Please make sure that you provide sufficient information to cover these matters.  

What you need to provide

The following must accompany every application for prior notification:

• Application form;
• Fee;
• Location Plan (1:2500 or 1:5000) – this must show the building in the context of the wider area.  The application site must be outlined in red and any adjoining land in the same ownership should be outlined in blue;• Site plan 1:500 or 1:200;
• Elevations of turbine (1:100);

Development permitted under this class must be carried out within 3 years with the date of determination.  

Conditions

Development carried out under class 6G is subject to the following conditions:

• the wind turbine must comply with MCS Planning Standards for wind turbines or equivalent standards,
• the wind turbine (including the blades) must be constructed and maintained in a uniform external finish and colour and be free from external rust, staining or discolouration,
• if the wind turbine is no longer needed for, or capable of, the generation of electricity it must be removed as soon as reasonably practicable.”,