Paragraph 6G F1F2
The installation, alteration or replacement of a free standing wind turbine within the curtilage of a dwelling.
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.
Development is permitted by this class subject to the following conditions—
the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority will be required in respect of the siting, design, size and external appearance of the proposed wind turbine,
the application is to be accompanied by—
a written description of the proposed development, including details of the siting, design, size and external appearance of the proposed wind turbine, and
a plan indicating the site,
the development is not to be commenced before the occurrence of one of the following—
the receipt by the applicant from the planning authority of a written notice of their determination that prior approval in respect of the siting, design, size and external appearance of the proposed wind turbine is not required,
the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice of their determination that such approval is required, or
where the planning authority gives the applicant notice within a period of 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval,
the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—
to the extent to which prior approval is required, in accordance with the details approved,
to the extent to which prior approval is not required, in accordance with the details submitted with the application,
the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given,
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.
Annotations
Textual amendments
- F1
Sch. 1 Pt. 1A inserted (12.3.2009) by The Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2009 (S.S.I. 2009/34), arts. 1, 2(2), sch.
- F2
Sch. 1 Pt. 1A Class 6G substituted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 6(c) (with art. 2)