Re: Windmills and microwave towers?

"Mark McIntyre" <markmcintyre@xxxxxxxxxxxxxxxxxxx> wrote in message
news:aA7Bm.43485$uO.34981@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Peter Crosland wrote:

Sorry to say that you are quite wrong. The diversion of footpaths comes
under specific legislation that has no relevance to microwave links.

I beg to differ, and in any case point out other provisions which are
commonplace. For instance requiring building contractors to build
nurseries, playgrounds or community centres, or fund bus routes, or
provide wildlife habitat zones or corridors. Note that Local Plans are not
planning law.

Planning law doers not allow Councils carte blanche to put whatever
conditions they want in planning permissions. For example there are
frequently objections from the public such "it would spoil the view" which
might be true in absolute terms but not under palnning law. The public, and
even Councils, often think they can use planning powers to stop developments
regardless of the law. A classic example is where there is quite irrational
opposition to a cellphone mast that would cause RF fields strengths several
orders of magnitude less than those from using a mobile phone just because
people cannot understand the reality of the inverse square law.

A section S106 is a specific legal agreement that the developer has to sign.
No developer in his right mind would sign a S106 that contained such open
ended clauses as you suggest. The developer would simply appeal against the
planning decision and it would be granted. Whilst local plans are not
planning law per se Councils have to follow them unless there are very good
reasons for an exception such as providing low cost housing on sites outside
normal developments. Certainly developers are often required to make a
contribution to provision of school and play areas but that is quite
different from a purely punitive clause that might well affect property
outside the Council's own area. As I said before there is other legislation
that might well be used if a wind turbine did cause a problem to a microwave
link but that is nothing to do with planning approval. It is not uncommon
for planning approval to be given for a development that cannot be built
because of other legislation such as there being insufficient legal access.

Peter Crosland


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