Brechfa Forest West Wind Farm

Enquiry received via phone

Brechfa Forest West Wind Farm

19/05/2011
Carmarthenshire CC - Richard Jones

Ymholiad

Do the same 6 tests from Circular 11/95 apply to requirements that are included in the DCO?

Cyngor a roddwyd

There is no specific guidance on the use of requirements under the Planning Act 2008. The IPC consider that circular advice on planning conditions (currently DoE Circular 11/95, including the 6 tests for conditions set out in paragraph 14 of the circular) and relevant case law is of relevance to the use of requirements. However, the IPC cannot provide a definitive view on this matter, as this is for the courts to decide if any requirements were legally challenged.
Government also consulted on revised Guidance to replace Circular 11/95 between December 2009 and March 2010, and we understand that consultation responses are currently being considered by Government.