Planning Informatives - Public forum - Planning Advisory Service (PAS)
Planning Informatives
We’ve just been granted permission for a single turbine for a householder to go off grid. Just a small turbine with 17.8m blade tip height, located 40m from a bridleway and about 60m from a footpath. The Council’s Public Rights of Way team recommended an informative that the turbine should be at least three times blade tip height from the bridleway. This has been included in the permission but only as an informative and not a condition. Condition 1 sets out the approved plan references including the site layout plan which has the red line boundary wrapped tightly around the turbine and cable route so to move it would require a new permission.
My issue, given that informatives have no statutory basis can we ignore the advice from the PROW team to locate the turbine 53m from the bridleway given that the permission essentially approves the turbine location as is?
Ed Murphy, modified 7 Years ago.
RE: Planning Informatives
New Member Posts: 16 Join Date: 12/08/13 Recent PostsSarah,
It's an informative, therefore not binding, and an informative cannot take away a permission granted for development identified and/or limited by the location and extent of 'the red line' acknowledged by the LPA to be part of the approved plans. If the LPA was concerned about proximity to the PROW it could either have refused PP or negotiated a revised application that overcame the concerns. Your client has an implementable PP tied to the red line. I think the LPA has erred, with the decision-maker inadequately scrutinising the decision. You could write to the LPA to get them to comment on the validity of the informative? If the client is still nervous, maybe an application for a CLOPUD is one (time-consuming) option that could clear the matter up?