Preliminary Sections

AuthorWilliam Webster
Renewable Energy from Wind and Solar Power

Renewable Energy from Wind and Solar Power

Law and Regulation William Webster

Wildy, Simmonds & Hill Publishing

© William Webster, 2021

Contains public sector information licensed under the Open Government Licence v3.0

ISBN: 9780854902866

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

The right of the author to be identified as the author of this Work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the consent of the copyright owners, application for which should be addressed to the publisher. Such a written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.

All reasonable care was taken in the preparation of this book, but any person relying on any of the statements, express or implied, in this book does so entirely at his or her own risk and without liability on the part of either the author or the publisher.

First published in 2021 by

Wildy, Simmonds & Hill Publishing

Wildy & Sons Ltd
Lincoln’s Inn Archway
Carey Street
London WC2A 2JD

Typeset by Heather Jones, North Petherton, Somerset.

Printed in Great Britain by CPI Antony Rowe, Chippenham, Wiltshire.


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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