PLANNING CONSENTS
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PLANNING PERMISSION & RENEWABLES
Planning is a complicated process – but one which is entirely necessary. You should therefore engage with advisers who are familiar with the process and can assist its progression to a successful conclusion, says Martin Collingwood.
In England, The National Planning Policy Framework (NPPF) requires that Local Planning Authorities (LPAs) establish strategies to maximise the development of renewables and low carbon energy and support energy efficiency in buildings and reduce greenhouse gas emissions.
PLANNING GUIDANCE • In March 2014, the Government launched online streamlined planning practice guidance for England, which includes guidance on a range of environmental topics that are relevant to planning, including renewable and low carbon energy
• The guidance applies to renewable and low carbon energy developments with 50 megawatts or less of installed capacity, which are considered by LPAs under the Town and Country Planning Act 1990 (larger renewable and low carbon developments are considered by the Secretary of State for Energy under the Planning Act 2008. Some micro generation qualifies as permitted development and so will not require an application for planning permission)
LEGISLATION
The Planning and Energy Act 2008 gives LPAs in England and Wales the power (not a duty) to include, in their development plan documents, policies that deal with renewable energy and other low carbon energy and require development in their areas to comply with energy efficiency standards.
NATIONAL POLICY STATEMENT In July 2011, the Government designated a package of NPSs on energy infrastructure. The Overarching Energy NPS sets out the high level objectives, policy and regulatory framework for Nationally Significant Infrastructure Projects (NSIPs).
The Renewable Energy NPS applies to applications for renewable energy NSIPs using one of a number of technologies including offshore wind over 100 megawatts.
ENVIRONMENTAL ADVICE ON PLANNING APPLICATIONS FOR OFFSHORE RENEWABLES In December 2013, Natural England announced that it was taking over sole responsibility for providing environmental advice on planning applications for offshore renewables (wind, wave and tidal projects) in English offshore waters.
When making a decision on a planning application the LPA must take into account a number of factors including material considerations; for offshore projects a planning application decision may take 18 months.
The LPA may grant planning permission unconditionally; it may be granted subject to certain conditions; or planning permission may be refused.
An LPA can impose planning conditions under two separate powers – either as it sees fit, or it may also impose conditions to regulate the development or use of any land under the control of the applicant.
Martin Collingwood Andrew Jackson
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www.windenergynetwork.co.uk
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