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APPENDIX 1: ADVICE ON THE USE OF SUSPENSIVE CONDITIONS
Text of a statement on the Energy Consents website dated 4 August 2008
We have been asked a number of times to clarify our position on whether we will use suspensive conditions to consent s36 applications while leaving the resolution of any outstanding aviation and radar issues to a later stage. As we wrote to Airtricity and NATS in respect of the Clyde Windfarm application in October last year, it is important that any such conditions which require subsequent approval by Scottish Ministers need to provide specification of the nature and extent of the mitigation measures required. It is also important that there is clarity about the identification of the type of solution or solutions to be developed and that there is agreement between the developer and the relevant operator that such a solution can be delivered in a reasonable timeframe. Where such specification and clarity can be made and agreed between the Developer and the relevant operator then we will consider the use of suspensive conditions in this way.
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