Preliminary Sections
| Author | William Webster |
| Pages | 1-16 |
Renewable Energy from Wind and Solar Power
Law and Regulation William WebsterWildy, Simmonds & Hill Publishing
© William Webster, 2021
Contains public sector information licensed under the Open Government Licence v3.0
ISBN: 9780854902866
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First published in 2021 by
Wildy, Simmonds & Hill Publishing
Wildy & Sons Ltd
Lincoln’s Inn Archway
Carey Street
London WC2A 2JD
www.wildy.com
Typeset by Heather Jones, North Petherton, Somerset.
Printed in Great Britain by CPI Antony Rowe, Chippenham, Wiltshire.
Contents
Preface xvii Foreword xix List of Abbreviations xxi Table of Cases xxv Table of Statutes xxix Table of Statutory Instruments xxxi Table of EU Material xxxv Table of Other Material xxxvii
1 Introduction 1
Scope of introduction 1 Climate change 1 The UK’s record on climate change 3 The UK’s sources of energy 6 Brief statistical overview (fossil fuels and renewables) 6 Sites generating renewable electricity at the end of
December 2019 8 European energy policy 8 UK renewables’ policies 9
Overview 9 Availability of financial assistance for the generation and
export of renewable energy to the grid 10
Contracts for Difference 10 Feed-in tariffs 11 Feed-in tariffs supported capacity 12 Smart export guarantee 12 Renewable Heat Incentive and Premium Payment 13 Renewable Transport Fuel Obligation 13 Comment – should the planning balance change when it
comes to renewable energy applications? 14
vi Renewable Energy from Wind and Solar Power
2 Overview of the Regulatory Framework affecting Wind
and Solar Energy Developments 17 Onshore energy 17 Permitted development 18 Planning Act 2008 18 Electricity Act 1989: section 36 consents for onshore and
offshore electricity generation 19
Varying section 36 consents 20 Environmental standards 20 European sites 21 Environmental assessment 21 Exemption from consent requirement 21 Deemed planning permission 21 FEPA licence 22 Overhead electricity lines 22 Deemed planning permission for overhead lines 23 Public inquiries where there are objections to section 36 and
section 37 applications 23 Ancillary or supporting facilities 24 Compulsory purchase powers 24 Position in Wales 25 Key elements of planning law 25 Development 25 Planning permission 26 National Planning Policy Framework in England 26 Sustainable development 27 Plan-making: key principles 28 Decision-making: key principles 29 Planning conditions and obligations 30 The rural economy 30 Green Belt land 31 Proposals affecting Green Belt land 32 Climate change 32 Conserving the natural environment 35 Conserving the historic environment 39 UK Solar PV Strategy (Parts 1 and 2) 41
3 Nationally Significant Infrastructure Projects 43
Introduction 43 Policy Statements 44 The statutory process (i.e. that relevant to wind and solar energy) 45 Nationally Significant Infrastructure Project regime in Wales 47
Contents vii
4 Environmental Impact Assessment 49
Introduction 49 Purpose of Environmental Impact Assessment 50 Overview of Environmental Impact Assessment 51 When is an Environmental Impact Assessment required? 52 Procedure for deciding whether a Schedule 2 project is likely
to have significant effects on the environment 53 Obtaining a screening opinion from the local planning
authority 55 Treatment of multiple applications 55 Can an Environmental Statement be submitted without a
screening opinion? 56 What if a planning application for a Schedule 2 development
is not accompanied by an Environmental Statement? 56 Called-in applications...
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