Pre-application duty to consult for wind turbines — section 122 Localism Act 2011

By Christine de Ferrars Green

The close of last year (17 December 2013, to be precise) saw the commencement date for section 122 of the Localism Act 2011. This introduces a duty to consult the local community before making a planning application for wind turbine developments that involve the installation of more than two turbines, or where the hub height of any turbine exceeds 15m.

These new provisions are incorporated into section 61 of the Town and Country Planning Act 1990, where more detail can be found. The applicant must publicise the proposed application in such manner as is reasonably considered likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land to be developed. That publicity must set out how those wishing to may comment on the proposed development or collaborate with the proposed applicant on its design. It must also give such information about the proposed timetable for the consultation as is sufficient to ensure that anyone wishing to comment may do so in good time…

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