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Water regulations and energy developments

By: Language: English Series: Scottish Planning and Environmental Law ; (120) 20 April 2007, 37-38(2)Subject(s): Summary: Examines issues raised by the overlaps between different systems of regulations. Many activities requiring authorisation under the Water Environment (Controlled Activities) (Scotland) Regulations 2005 also require planning permission. Warns against planning regulations being used beyond their remit due to a perceived shortcoming in other areas of regulation. Wind farm developers could be caught between two systems because of the need to obtain early authorisation under the Electricity Act while planning applications are at an early stage.

Examines issues raised by the overlaps between different systems of regulations. Many activities requiring authorisation under the Water Environment (Controlled Activities) (Scotland) Regulations 2005 also require planning permission. Warns against planning regulations being used beyond their remit due to a perceived shortcoming in other areas of regulation. Wind farm developers could be caught between two systems because of the need to obtain early authorisation under the Electricity Act while planning applications are at an early stage.