Comment - Planning Practice Guidance for renewable and low carbon energy

Antony Harding
Associate Director
0121 233 0902
[email protected]

Mark Worcester
Director
0161 233 7676
[email protected]

The Government has recently issued new planning practice guidance focused on renewable and low carbon energy development to be read alongside the National Planning Policy Framework (NPPF).

The guidance is part of a range of measures outlined by the Government in June with the aim of fostering support for the development of renewable and low carbon energy, whilst ensuring that environmental effects are addressed satisfactorily and host communities are properly consulted and share the benefits.

Since the announcement of these measures, there have been a number of related Ministerial comments hinting at a reduced reliance on new on-shore windfarm development, whilst reinforcing the principle of greater community say in when and where such developments should be sited. Certain sections of the media have further spun the commentary to mean the end of the on-shore wind turbine.

The timing of this political rhetoric, with the turbine being treated as a potential public sacrifice, is not lost. It has been made during a period when the Government has confirmed its commitment to securing new gas resource for the UK and needs to quickly gain public support for this new energy venture.

So where does this recent publication leave the future of on-shore wind?

Contrary to the media scramble to lambast the on-shore wind industry, the guidance reconfirms that this technology remains part of the accepted mix of proven renewable and low carbon energy technology. The guidance re-emphasises the message that an increase in renewable and low technologies will assist in protecting the national energy supply, whilst also reducing greenhouse gas emissions and helping reduce the effects of climate change.

The guidance is simple in terminology and should provide no surprises to the responsible renewable energy developer; highlighting the importance of established areas of technical assessment work to robustly support development proposals. Crucially, it does not introduce any new policy considerations over and above those already set out within the NPPF.

The guidance reconfirms the determining principle of the NPPF; policies based on clear criteria can be useful when they are expressed positively. This should be carefully heeded by local planning authorities (LPAs) when preparing policy as there are cases where local policies are still being phrased in conflict with the NPPF.

The guidance invites LPAs to identify suitable geographic areas for renewable energy; this is nothing new. Whilst a costly exercise for a LPA to resource properly, it is important to monitor Local Plan preparation to ensure that no unsound restrictive policies are adopted.

Care must be taken to ensure that the guidance is not misinterpreted by LPA and or local communities. It does not provide a laissez faire approach to rejecting speculative development outside an identified area or where the concerns of local communities are elevated. There is still an onus on the LPA to approve the application if its impacts are (or can be made) acceptable.

The guidance also provides welcome clarification that separation distances (other than when dealing with matters of safety) between renewable energy development and other land uses are not appropriate and should not be set by LPA.

Despite the Government’s references to a locally-led planning system underpinning the need for the guidance, it ironically delivers very little in favour of local communities by providing no clear advice or powers on how they should engage with the development system.

Whilst non-committal Ministerial sound bites may lead the public to believe that the on-shore turbine’s days are numbered, the guidance tells a different story. The landscape continues to remain open for renewable and low carbon energy development, including the on-shore turbine.

Our team

Our national energy team provides the planning skills to deliver energy schemes and energy efficient solutions. From single turbines to windfarms and from biomass plant to carbon capture, we are expert across the whole spectrum of energy projects, large or small. We can co-ordinate the entire planning process, dealing with the LPA, the Infrastructure Planning Commission or Section 36 applications.

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Planning Practice Guidance Energy