To ask the Scottish Executive whether a requirement to monitor invertebrates on the site of a wind farm would be a legitimate planning condition for such a development.

Schedule 9 of the Electricity Act 1989 places on the applicant a duty to have regard to the desirability of preserving natural beauty of the countryside, of conserving flora, fauna and the geological and physiographical features of special interest and of protecting sites. The applicant must do what it reasonably can to mitigate any effect the proposals may have on these features.

Applications and supporting Environmental Statements are subject to wide ranging consultation. Scottish Natural Heritage, the Scottish Environment Protection Agency and other interested parties provide advice on ecology and water environment issues for each development proposal. The advice provided to ministers may include recommendations or mitigation conditions to be imposed in the event that consent is granted. The extent of the post consent monitoring of invertebrates would be based on that expert advice and any conditioned post consent monitoring would be specific to the development. Circular 4/1998 sets out the test for planning conditions. All post-consent monitoring set out in the planning conditions attached to the development consent would have to be relevant, necessary, enforceable, precise and reasonable.