INDUSTRY ARTICLE
A HARDER LINE
It is interesting too to see that Mr Pickles has started to take a greater interest (and a harder line) in respect of larger scale greenfield solar schemes, by introducing a sequential test that notwithstanding that there is no need to prove a need for a renewable energy scheme under the policy enshrined in the National Planning Framework, the supporting new Planning Practice Guidance requires precisely that before greenfield land can be brought forward, and that poorer quality agricultural land be used too. This hardening of planning policy against greenfield solar bears many similarities with the approach being adopted by Mr Pickles in applying the planning balance for onshore wind schemes too.
The intervention of the Courts in the widely reported Barnwell Manor Court of Appeal judgement which was handed down earlier in 2014 has not helped the cause either. This case established in effect that full consideration and weight needs to given to any harm to the setting of heritage assets, and Mr Pickles seized on this in a recent dismissal of a recovered decision in the East Riding of Yorkshire. In dismissing the appeal, Mr Pickles considered that the Inspector had "placed too much weight on the benefits and not enough weight on the harm that would be caused".
FRUSTRATING ASPECT
And this is perhaps the most frustrating aspect of the intervention by the Secretary of State of all. He is not only overruling the opinions of local communities who have been in support of onshore wind, local planning authorities who have balanced the issues and determined that the balance lies in favour, but even his own independent inspectors who have heard the detailed evidence and concluded that permission should be granted.
Of the onshore wind appeals he has recovered and dismissed, he has overruled the Inspector in 5 instances. This proportion represents a far higher propensity to impose his will over an Inspector than is evident across all types of recovered decisions, where in the majority of cases he accepts his Inspectors’ recommendations.
HOPE FOR A MORE EVEN HANDED AND CONSISTENT APPROACH IN FUTURE
It seems highly unfortunate that planning decisions are being taken at the whim of the Secretary of State, one who is prepared to overule all in front of him, when matters as important as delivering a coherent and robust energy strategy is at stake.
Perhaps once the General Election is past us, a more even handed and consistent approach will once again become evident in bringing forward renewable energy schemes through the English planning system. And with it, a more attractive environment for investors to make long term decisions on whether to invest in this sector in the future.
Paul Burrell Director
Pegasus Group Click to view more info
www.windenergynetwork.co.uk
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