Brechfa Forest West Wind Farm

Enquiry received via phone

Brechfa Forest West Wind Farm

19 May 2011
Carmarthenshire CC - Richard Jones

Enquiry

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

Advice given

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.