Rogue or bungling planning officer or deliberate secret ploy? How the comhairle secretly blocks small renewable schemes by hunting out objections

It is now becoming pretty clear now that the comhairle is now bent on unnecessary consultation on smaller renewables schemes.  It is deliberately consulting with bodies it doesn’t have to – in the hope that it will gather in more objections to renewable energy applications that the leadership have little time for.  Leader Angus Campbell, who claims all is well, is now being left exposed to ridicule.

Councillor Donald Manford is on the ball in spotting the recent trend (see his letter below). Either it is unofficial and sinister policy that is being secretly enacted or there is a rogue planning officer firing off unauthorised letters – as some strongly suggest.  What other explanation can there be?

The Leader has already had to say he was certain that officers would do as the comhairle decided. That assurance is now rightly being met by guffaws by the less-gullible councillors.  Angus Campbell’s entire position as leader is now being undermined because the truth is not being told about the reasons for this emerging scandal.

DONALD MANFORD (SNP)
Councillor, Barraigh, Bhatersaigh, Eirisgeigh agus Uibhist a Deas

03 February 2014

Dear Angus,

Renewable Energy Planning Disputes

I write with concern about the future of renewable energy in the Outer Hebrides particularly in regard to wind energy due to planning disarray. The Comhairle is obligated to be a respecter of statute not least in order to administer its duties fairly but also to protect the public money entrusted to its care.

The Town and Country Planning (Safeguarding of Aerodromes, Technical Sites and Military Explosives Storage Areas)(Scotland) Direction 2003, requires the Comhairle to consult with the MoD only in circumstances where a proposed turbine is located within the boundary of a statutory safeguarded area.

Given that the four turbine applications which the council has recently consented and which are now the subject of a judicial review at the instance of the MoD, are not located within the boundary of a statutory safeguarded area, will your administration be exposed not only to the significant cost of defending its decisions in the court of session, arising purely from the failure to have due regard for the letter of the law, but also to the possibility of substantial claims for damages from the disadvantaged applicants?

Is your administration aware that on the date of the validation of the North Uist Community turbine application both turbines were located 7 kilometres from the outer boundary of the nearest MoD safeguarding area and that there was on that date, no statutory requirement for the Comhairle to consult with the MoD? Had the Comhairle not un-necessarily consulted with the MoD there would have been no requirement to notify Scottish Ministers of the intention to grant consent. Do these circumstances expose the Comhairle to a claim to recover substantial loss to the North Uist community from the actions of your administration?

A not dis-similar situation exists at Kirkibost, Bernera. Notwithstanding the minuted decision of the Comhairle taken on the 15 February 2012 in relation to an application to erect two turbines at 24 Kirkibost that ‘the impact upon the Callanish Stones was not significant and that it had adequate information to determine that the development would not have significant environmental impacts’ a recent request for a screening opinion made to the Comhairle in respect of just a single turbine attracted a completely contrary response. In the circumstances what faith can Elected Members have in the assurances you gave in your statements to the Full Council on the 12 September 2013 that you were certain that officers of the Council would recognise and respect the decision of the Comhairle in this matter?

Yours sincerely,

Donald Manford