It's all change for planning approaches to onshore wind in England, most recently with the publication by the UK Government of the draft NPPF.
This comes after the government's announcement last month that the strict planning requirements that had introduced a de facto onshore wind ban in England in 2015 were to be lifted, as discussed in our blog.
Draft NPPF
The draft NPPF is open to consultation until Tuesday 24 September 2024.
It recognises that onshore wind has an important role in boosting the delivery of renewable energy to meet the commitment to reaching zero carbon electricity generation by 2030.
It contains two groups of questions in relation to onshore wind: the appropriate procedure for deciding consent applications for sites in England; and the weight to be given to key factors in those decisions. There are similar questions for solar projects.
Weight to be given to benefits of renewable energy
The proposal is for the NPPF to direct decision makers to give significant weight to the benefits associated with renewable and low carbon energy generation, and proposals’ contribution to meeting a net zero future.
The intention is to increase the likelihood of consent being granted. The experience in Scotland indicates that this type of policy approach does increase the number of on shore wind farms being consented.
The draft is silent on when landscape and visual impact might over-ride the significant weight to be given to the benefits of an on shore wind farm. In Scotland, the increase in consenting is in part due to the statement in the Scottish NPF4 that localised landscape and visual impacts will generally be considered to be acceptable.
Procedure for deciding consent applications
At present, all onshore wind projects in England require to apply to the local authority for planning permission.
The Government propose to reintroduce the two tier system, removed in 2016, but with a threshold of 100MW: below that threshold, local authorities will still decide the consent application; above that threshold, projects will be consented by Ministers through the NSIP regime (Nationally Significant Infrastructure Projects).
The NSIP regime involves application for a development consent order. A DCO can include a range of consents, including planning permission; it can also authorise compulsory purchase of land.
DCO procedure is tightly timetabled, and includes examination by the Planning Inspectorate. It is therefore resource-heavy.
Understandably, there are already differences of opinion emerging about the appropriate level for the threshold, including a suggestion that there should be flexibility for developers to opt into the DCO regime.
The situation is different in Scotland. 50MW is the threshold for projects to be consented by the Scottish Ministers under the section 36 procedure. However, that procedure is similar to the planning application procedure. There is no examination by a DPEA reporter unless there is an objection by the planning authority, or the Ministers exercise their discretion to hold a public local inquiry.
As part of the recent Investing in Planning consultation, the Scottish Ministers asked for views on whether the 50MW threshold should be altered.
In Scotland, NPP4 designates onshore wind projects exceeding 50MW (and other projects) as national developments. That establishes the need for the development, but does not significantly change the consenting procedures.
Practical implications
In the words of a council planning officer, the difficulty for the planning system is – "wind turbines are big, and they move".
In Scotland, consenting approaches for on shore wind farms have matured after decades of experience. The anticipated increase in consenting applications in England will expose the limited experience in English planning authorities and statutory consultees; whereas developers promoting sites in England can use consultants and lawyers with Scottish experience. Addressing that skills gap will be important if consenting delays are to be avoided.
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