This snapshot, taken on 02/09/2009, shows web content selected for preservation by The National Archives. External links, forms and search boxes may not work in archived websites.
The majority of onshore renewable energy proposals represent development and require planning consent, unless they constitute permitted development (permitted development rights cannot apply to Schedule 1 development or to Schedule 2 development unless the local planning authority (LPA) has screened to the effect that an EIA is not required). Offshore renewable energy developments are subject to a different consenting process.
Onshore renewable energy proposals, such as biomass and wind farm proposals, fall within Schedule 2 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (the EIA Regulations) and are therefore subject to an Environmental Impact Assessment (EIA) if they are considered likely to have significant effects on the environment.
For new, electricity-generating stations over 50 megawatts, development consent under Section 36 of the Electricity Act 1989 is required from the Secretary of State of the Department for Business, Enterprise & Regulatory Reform (BERR). In such cases it is also usual for developers to ask the Secretary of State for deemed planning permission under Section 90 of the Town and Country Planning Act 1990 at the same time.
The Secretary of State is responsible for all development consents for offshore renewable energy proposals of above 1 megawatt capacity in waters around England and Wales (except those applications under the Transport and Works Act 1992 in Welsh waters) as these projects are outside the jurisdiction of LPAs, whose responsibility for determining planning applications does not extend outside the low water mark.
Consents can be requested under two separate pieces of legislation:
In either case, associated licences will be required under the Food and Environmental Protection Act 1985 and an additional consent may be required under the Coast Protection Act 1949.
For any associated onshore works, such as an electrical sub-station, a developer can apply to the Secretary of State for deemed planning under Section 90 of the Town and Country Planning Act 1990 to cover those works included in the proposed (red line) development area. Alternatively, a developer could apply for planning permission direct to the relevant LPA under Section 57 of the Town and Country Planning Act 1990.
Any ‘thermal’ biomass power stations with a heat output of at least 300 megawatts would fall under Schedule 1 of the EIA Regulations, which means an EIA would be mandatory. However, it is not anticipated that any such installations are likely to be built in the UK in the near future.
Hydroelectricity proposals which include the construction of dams or other installations for the permanent holding back or storage of water, where a new or additional volume of water held back or stored would exceed 10 million cubic metres, also fall under Schedule 1 of the EIA Regulations.
Information on the application of the EIA Regulations can be found on the Communities and Local Government: Circular 02/99 – Environmental Impact Assessment webpage.
Also published:
Circular 11/99 – Environmental Impact Assessment, published by the Welsh Office, provides advice on implementing the Regulations.
Information is also contained in Planning Policy Wales.
It is advisable for developers to contact their LPA and statutory bodies at an early stage in the selection and design of potential sites. If BERR is the determining authority, it should be included in this early contact.
In the case of wind energy, proposals can take the form of a planning application for wind monitoring masts, used to help in the assessment of potential sites. Such consultations can usefully inform initial stages of the EIA screening and scoping process. They can also help LPAs assess the potential acceptability of specific proposals, particularly their compatibility with the relevant development plan.
Where a proposal is likely to be potentially contentious, early dialogue and consultation with the general public can be a useful way of spreading information about particular projects. It can also help to counter both uncertainty and misconceptions regarding the nature and impacts of particular proposals.
A public consultation is also a useful means of identifying legitimate public concerns about particular proposals, so that these can be addressed both in the detailed design of submitted proposals and in associated, supporting information.
Developers may formally request a screening opinion from the LPA before submitting a planning application. The purpose of a screening opinion is to inform the developer whether or not the LPA considers that a proposed development, such as a wind farm or biomass power station, constitutes an EIA development. In making this determination, the LPA takes account of the ‘selection criteria’ prescribed in Schedule 3 of the EIA Regulations. If the developer does not request a pre-application screening opinion, the LPA will issue one when it receives the application. Should the developer disagree with an LPA’s screening opinion that an EIA is required, then a screening direction can be requested from the Secretary of State.
Many developers submit an Environmental Statement with their application without a screening opinion if they already consider that a particular development will require an EIA. Obtaining such an opinion is, however, useful as it sets out the LPA’s/Secretary of State’s opinions as to why EIA is required.
Before making a planning application a developer can request a ‘scoping opinion’ from the LPA or BERR. This request seeks the LPA’s opinion as to the information to be supplied within the proposed Environmental Statement (a scoping opinion).
The request for a screening or a scoping opinion should include:
LPAs and BERR should adopt a scoping opinion within five weeks of receiving such a request, unless a longer period has been agreed in writing with the person making the request.
Schedule 4 of the EIA Regulations sets out the information required for inclusion within Environmental Statements. This should include a description of the proposal, assessment of its likely significant effects, and a description of any proposed mitigation measures. There should also be a non-technical summary. Environmental Statements must be circulated to statutory consultation bodies for comment. These include the Countryside Council for Wales.
Throughout much of the UK, the most significant and controversial renewable energy proposals in the foreseeable future are likely to relate to proposals for wind energy development.
In addition to wind, it is likely that proposals for biomass generation will increase in number as the technology matures, and feedstock production increases. Smaller proposals for ground source heat, domestic solar/photovoltaic panels and domestic wind turbines are also likely to increase in number as they become more widely available and costs come down.
The majority of planning applications for renewable energy developments are dealt with by the relevant LPA. As well as publicising the application in order to invite comments from third parties, the authority may consult various other parties with relevant interests or expertise, depending on the location, size and likely impacts of the development.
Responsibility for authorising new electricity generation plants over 50 megawatts and new hydro plants over 1 megawatt under Section 36 of the Electricity Act 1989 lies with the Secretary of State. Decisions are reached in consultation with a range of consultees.
Appeals against refusal of planning permission, or against a grant of permission with imposed conditions that the applicant finds unacceptable, are heard by the Planning Inspectorate on behalf of the Secretary of State.
When submitting an application and the necessary plans and drawings, applicants should provide the appropriate fee and the requisite number of copies for circulation to the statutory consultees. It is important to show the full extent of the development as some renewable energy schemes can include works outside the main site, for example highway improvements to allow delivery of large turbine components. These should all be identified.
A checklist of issues that should be covered in an application can be found on the Securing Planning Consent area of the TNEI Services website.
Unless the applicant and the LPA have agreed a longer period, if no decision has been made after eight weeks, the applicant can appeal on the grounds of non-determination.
In the case of applications accompanied by an EIA, the period of time available for determination is four months.
Planning committee reports relating to actual, determined renewable energy schemes can be found on the Securing Planning Consent area of the TNEI Services website.
In the case of development consent applications submitted to BERR, there is no specified time period for determination, but the Secretary of State will have a duty to reach a decision as expeditiously as they can. An LPA has four months in which to advise the Secretary of State of its views of an onshore development. If the LPA objects then a public inquiry is mandatory. The views on the LPA are therefore a crucial ingredient. In the case of offshore wind farm applications, the LPA has six weeks to provide its comments.
LPAs have the power to attach conditions to a grant of planning permission and to seek planning obligations from developers, which can enable proposals to go ahead which might otherwise by refused. A selection of illustrative planning conditions attached to actual renewable energy projects can be found on the TNEI Services: Securing Planning Consent webpage. Planning obligations can be used, for example, to require developers to:
The legislative basis for planning obligations is Section 106 of the Town and Country Planning Act 1990.
Any planning obligations must comply with Government policy set out in Circular 10/97. A draft revised Circular, published in November 2004, can be viewed here.
In BERR cases, LPAs will suggest appropriate planning conditions to be imposed and will negotiate Section 106 agreements in respect of the proposal. While not party to the Section 106 agreements, BERR will wish to be satisfied on that front before reaching a decision.
