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The planning system in England is underpinned by the statutory development plan system. Under this system, adopted development plans, regional spatial strategies (RSSs) and local development documents (LDDs) will set out the planning policies for any given area (regional, sub-regional or local) against which planning applications will be assessed.
This system came into being through the Planning and Compulsory Purchase Act 2004, and will replace regional planning guidance (RPG), unitary development plans (UDPs), structure plans and local plans.
Further information on these changes can be found in the Communities and Local Government: Planning Policy Statement (PPS) 11 - Regional Spatial Strategies web page and the Communities and Local Government: Planning Policy Statement (PPS) 12 – Local Development Frameworks web page.
Although the development plan system is changing, new RSSs and LDDs will be prepared on a similar basis to their predecessors, and will apply understanding and experience gained under the old system. Best practice and advice on the scope and content of development plan renewable energy policies can therefore be drawn from recent progress made under the previous regime.
Details of the planning process in England can be found on the Planning Process in England webpage.
Although the development plan system is changing, new RSSs and LDDs will be prepared on a similar basis to their predecessors, and will apply understanding and experience gained under the old system. Best practice and advice on the scope and content of development plan renewable energy policies can therefore be drawn from recent progress made under the previous regime.
Following the commencement of the Planning and Compulsory Purchase Act in September 2004, all existing versions of RPG have become RSSs with statutory status. All lower tier plans (LDDs) are now required to be in ‘general conformity’ with the policies within their respective RSSs. The RSS has become a formal part of the statutory Development Plan.
Regional-level planning policies usually give advice to local planning authorities in their area on what their plans should contain and what the overarching land use aims for the region are. They are informed by other regional strategies, such as regional economic strategies, as well as national planning policy including planning policy guidance notes (PPGs) and statements (PPSs).
Government advice on the preparation of RSSs can be found on the Communities and Local Government: Planning Policy Statement (PPS) 11 - Regional Spatial Strategies web page.
Advice on the renewable energy content of RSSs can be found in the recently published Communities and Local Government: Planning Policy Statement (PPS) 22 - Renewable Energy web page.
The PPS states:
Regional spatial strategies and local development documents should contain policies designed to promote and encourage, rather than restrict, the development of renewable energy resources. Regional planning bodies and local planning authorities should recognise the full range of renewable energy sources, their differing characteristics, locational requirements and the potential for exploiting them subject to appropriate environmental safeguards.
Regional spatial strategy should include the target for renewable energy capacity in the region, derived from assessments of the region’s renewable energy resource potential, and taking into account the regional environmental, economic and social impacts (either positive or negative) that may result from exploitation of that resource potential.
Where appropriate, targets in regional spatial strategies may be disaggregated into sub-regional targets.
Regional spatial strategies should contain an indication of the output that might be expected to be achieved from offshore renewables, based on where the electricity comes from.
Criteria-based policies should be set out in regional spatial strategies where these can be applied across a region, or across clearly defined sub-regional areas. These criteria should then be used to identify broad areas at the regional/sub-regional level where development of particular types of renewable energy may be considered appropriate.
Regional planning bodies and local planning authorities should set out in regional spatial strategies and local development documents the criteria-based policies which set out the circumstances in which particular types and sizes of renewable energy developments will be acceptable in nationally designated areas.
Following the commencement of the Planning and Compulsory Purchase Act, structure plans will no longer be prepared, and UDPs and local plans will be replaced by LDDs. The LDDs must be in ‘general conformity’ with the RSS for their region.
Like their predecessors, LDDs are informed by the guidance contained within National Planning Policy including PPGs and PPSs, as well as RSSs (or, in the case of London, the Spatial Development Strategy). They contain local-level detail, setting out the detailed local interpretation of regional advice.
Government advice on the preparation of LDDs can be found in Communities and Local Government: Planning Policy Statement (PPS) 12 – Local Development Frameworks web page.
Advice on the renewable energy content of LDDs can be found in Communities and Local Government: Planning Policy Statement (PPS) 22 - Renewable Energy web page.
The PPS states:
Regional spatial strategies and local development documents should contain policies designed to promote and encourage, rather than restrict, the development of renewable energy resources. Regional planning bodies and local planning authorities should recognise the full range of renewable energy sources, their differing characteristics, locational requirements and the potential for exploiting them subject to appropriate environmental safeguards.
At the local level, planning authorities should set out criteria that will be applied in assessing applications for planning permission for renewable energy projects.
‘Other criteria-based policies to reflect local circumstances should be set out by local planning authorities in their local development documents. Local planning authorities should, however, only focus on the key criteria that will be used to judge applications. More detailed issues may be appropriate to supplementary planning documents.
Local planning authorities may include policies in local development documents that require a percentage of the energy to be used in new residential, commercial or industrial developments to come from on-site renewable energy developments.
‘Regional planning bodies and local planning authorities should set out in regional spatial strategies and local development documents the criteria-based policies which set out the circumstances in which particular types and sizes of renewable energy developments will be acceptable in nationally designated areas.
Local planning authorities and developers should consider the opportunity for incorporating renewable energy projects in all new developments. Small-scale renewable energy schemes utilising technologies such as solar panels, biomass heating, small-scale wind turbines, photovoltaic cells and combined heat and power schemes can be incorporated both into new developments and some existing buildings. Local planning authorities should specifically encourage such schemes throughout positively expressed policies in local development documents.
