Planning Guidance Relevant to Wind and Solar Energy Developments
| Author | William Webster |
| Pages | 65-88 |
Chapter 6
Planning Guidance Relevant to Wind and Solar Energy Developments
INTRODUCTION
6.1 The object of this chapter is to pull together the relevant national guidance contained in the National Planning Practice Guidance (NPPG) for wind and solar energy developments and for consents for onshore and offshore electricity generation under the Electricity Act 1989 (section 36) and for overhead lines (section 37).
6.2 The NPPG provides advice on the planning issues associated with the development of renewable energy. It is kept under review and should be read alongside the NPPF. The NPPG can be a material consideration in planning decisions and should generally be followed unless there are clear reasons not to.
6.3 The chapter starts with a brief recap on the regulatory framework. It deals with guidance on plan-making in relation to the delivery of appropriately sited renewable energy developments. It then covers national guidance in its application to the relevant planning considerations which impact on decision-making and is considered to be essential reading for operators who are contemplating large-scale solar and onshore wind farm applications. The NPPG includes matters such as pre-application consultation, the assessment of landscape and visual impacts (and the information which will inform such assessments) and decommissioning. This chapter also deals with consents under the Electricity Act 1989 for onshore and offshore energy projects (including the position in Scotland), together with wayleaves and compulsory purchase orders sought by electricity companies when it comes to overhead lines on third party land.
66 Renewable Energy from Wind and Solar Power
REGULATORY FRAMEWORK UNDERLYING DECISION-MAKING
6.4 A brief recap on the decision-making regulatory framework is set out in the following list:
(a) Onshore energy projects with a generating capacity of 50MW or less are dealt with by LPAs under the TCPA 1990.
(b) In 2016 onshorewind farms with a capacity of over 50MW were removed from the NSIP regime under the PA 2008.
(c) Onshore and offshore energy projects with a generating capacity of more than 50MW still require consent under section 36 of the Electricity Act 1989. The body responsible for the grant of section 36 consents in the case of offshore installations below 100MW (but with a threshold of 1MW) rests with the MMO, whereas consents for offshore stations above 100MW rests with the SoS for the DBEIS as part of the NSIP regime under the PA 2008 and by Scottish Ministers for proposals in Scotland.
(d) A FEPA licence from the Marine and Fisheries Agency (an agency of DEFRA) is also required in the case of offshore consents.
(e) Above-ground electric lines in excess of 20kV or in cases less than 20kV where the supply is to more than one customer require consent under section 37 of the Electricity Act 1989.
(f) The threshold for NSIPs is for applications involving lines with a capacity greater than 132kV or which are greater than 2km in length. The DBEIS administers applications under section 37 below the NSIP threshold.
(g) Underground connections and overhead lines supplying less than a single customer with less than 20kV may be classed as permitted development.
NATIONAL PLANNING PRACTICE GUIDANCE – GUIDANCE ON CLIMATE CHANGE
Why is it important for planning to consider climate change?
6.5 The following paragraphs are taken from NPPG, Paragraph: 001 Reference ID: 6-001-20140306 (last updated 06/03/2017):
In addition to supporting the delivery of appropriately sited green energy, effective spatial planning is an important part of a successful response to climate change as it can influence the emission of greenhouse gases. In doing so, local planning authorities should ensure that protecting the local environment is properly considered alongside the broader issues of protecting the global environment. Planning can also help increase resilience to climate change impact through the location, mix and design of development.
Addressing climate change is one of the core land use planning principles which the [NPPF] expects to underpin both plan-making and decision-taking. To be found sound Local Plans will need to reflect this principle and enable the delivery of sustainable development in accordance with policies in the [NPPF]. These include the requirements for local authorities to adopt proactive strategies to mitigate and adapt to climate change in line with the provisions and objectives of the Climate Change Act 2008, and cooperate to deliver strategic priorities which include climate change.
In addition to the statutory requirement to take the Framework into account in the preparation of Local Plans, there is a statutory duty on local planning authorities to include policies in their Local Plan designed to tackle climate change and its impacts. This compliments the sustainable duty on plan-makers and the expectation that neighbourhood plans will contribute to the achievement of sustainable development. The [NPPF] emphasises that responding to climate change is central to the economic, social and environmental dimensions of sustainable development.
How can challenges of climate be addressed through the local plan?
6.6 The following paragraph is taken from NPPG, Paragraph: 003 Reference ID: 6-003-20140612 (last updated 12/06/2014):
There are many opportunities to integrate climate change mitigation and adaptation objectives into the Local Plan. Sustainability appraisal can be used to help shape appropriate strategies in line with the statutory duty on climate change and ambition in the Climate Change Act 2008.
Examples of mitigating climate change by reducing emissions:
...
• Providing opportunities for renewable and low carbon energy technologies
How can local planning authorities identify appropriate mitigation measures in plan-making?
6.7 The following paragraph is taken from NPPG, Paragraph: 007 Reference ID: 6-007-20140306 (last updated 06/03/2014):
• … In more energy intensive sectors, energy efficiency and generation of renewable energy can make a significant contribution to emissions reduction.
68 Renewable Energy from Wind and Solar Power
Can a local planning authority set higher energy performance standards than the building regulations in its local plan?
6.8 The following paragraph is taken from NPPG, Paragraph: 012 Reference ID: 6-012-20190315 (last updated 15/03/2019):
Provisions in the Planning and Energy Act 2008 also allow development plan policies to impose reasonable requirements for a proportion of energy used in development in their area to be energy from renewable sources and/or to be low carbon energy from sources in the locality of the development.
NATIONAL PLANNING PRACTICE GUIDANCE – GUIDANCE ON RENEWABLE AND LOW CARBON ENERGY
Planning for renewable and low carbon energy
Why is planning for renewable and low carbon energy important?
6.9 The following paragraph is taken from NPPG, Paragraph: 001 Reference ID: 5-001-20140306 (last updated 06/03/2014):
Increasing the amount of energy from renewable and low carbon technologies will help to make sure the UK has a secure energy supply, reduce greenhouse gas emissions to slow down climate change and stimulate investment in new jobs and businesses. Planning has an important role in the delivery of new renewable and low carbon energy infrastructure in locations where the local environmental impact is acceptable.
Are all energy developments handled by local planning authorities?
6.10 The following paragraph is taken from NPPG, Paragraph: 002 Reference ID: 5-002-20140306 (last updated 06/03/2014):
Local planning authorities are responsible for renewable and low carbon energy development of 50 megawatts or less installed capacity (under the Town and Country Planning Act 1990). Renewable and low carbon development over 50 megawatts capacity are currently considered by the Secretary of State for Energy under the Planning Act 2008, and the local planning authority is a statutory consultee. It is the government’s intention to amend legislation so that all applications for onshore wind energy development are handled by local planning authorities. Microgeneration is often permitted development and may not require an application for planning permission.
Developing a strategy for renewable and low carbon energy
How can local planning authorities develop a positive strategy to promote the delivery of renewable and low carbon energy?
6.11 The following paragraphs are taken from NPPG, Paragraph: 003 Reference ID: 5-003-20140306 (last updated 06/03/2014):
The National Planning Policy Framework explains that all communities have a responsibility to help increase the use and supply of green energy, but this does not mean that the need for renewable energy automatically overrides environmental protections and the planning concerns of local communities. As with other types of development, it is important that the planning concerns of local communities are properly heard in matters that directly affect them.
Local and neighbourhood plans are the key to delivering development that has the backing of local communities. When drawing up a Local Plan local planning authorities should first consider what the local potential is for renewable and low carbon energy generation. In considering that potential, the matters local planning authorities should think about include:
• the range of technologies that could be accommodated and the policies needed to encourage their development in the right places;
• the costs of many renewable energy technologies are falling, potentially increasing their attractiveness and the number of proposals;
• different technologies have different impacts and impacts can vary by place;
• the UK has legal commitments to cut greenhouse gases and meet increased energy demand from renewable sources. Whilst local authorities should design their policies to maximise renewable and low carbon energy development, there is no quota which the...
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