Comment
A change in wind direction for England
Associate Director, Amy Gaskell offers her perspective on the impacts of the Labour Government’s commitment to delivering onshore wind energy, identifies potential sites that could warrant an initial review, plus outlines the process through which these objectives can be achieved.
The UK has a long-standing legal commitment to address climate change and achieve ‘net zero’ carbon dioxide emissions by 2050. It is well known that one of the key ways of achieving this commitment is through the deployment of renewable and low carbon energy generation developments.
Policy changes in 2013 and 2015
It was therefore both surprising and disappointing that in 2013 and 2015, the Coalition Government (2013) and then the Conservative Government (2015) introduced several policy changes relating to onshore wind developments in England[1], which had the effect of what came to be known as the “de-facto ban” on such proposals.
Whilst the changes did not represent an absolute ban, they nevertheless established an extremely high threshold of acceptability which few schemes could meet. This ultimately led to the demise of the onshore wind sector in England and an increased level of focus of activity and investment in Scotland and Wales, where onshore wind developments have continued to progress at pace.
However, is this all about to change?
Within a matter of days of being elected, the newly elected Labour Government acted upon their manifesto to commit to doubling onshore wind energy in the UK by 2030, taking the current provision of c.15GW to 30GW, and removing the restrictive national planning policy tests in England such that onshore wind applications will be treated in the same way as other energy development proposals[2].
The proposed reforms to national policy in England (the National Planning Policy Framework (NPPF)) are now out for consultation[3]. Our Net Zero Infrastructure (NZI) team has considered these changes for the sector and provide their thoughts here.
If the sector is to respond to the Government’s objective of doubling onshore wind capacity in the UK, identifying new sites in England capable of accommodating onshore wind developments will be key.
Finding sites in England
In our view, as a starting point, it may be beneficial for prospective developers to review the sites which got caught up in the sudden change of policy direction from 2013 and which were refused planning permission.
Our research suggests that following the Written Ministerial Statement issued in June 2013, there have been 54 refused or withdrawn planning applications for onshore wind developments in England, resulting in a “loss” of c.590MW of renewable energy generation[4]. Of these applications, three were dismissed due to a decision by the Secretary of State for Housing Communities and Local Government, including the French Farm scheme in Peterborough (8MW), the Cotham Road scheme in Nottinghamshire (10MW), and the Scout Moor Extension scheme in Rossendale (36MW).
Whilst some of these 54 schemes may have been refused in any event due to unacceptable environmental effects irrespective of the policy changes, it is also reasonable to assume that a significant number may not have, and therefore may still be capable of accommodating revised proposals.
New technology and other considerations for selecting sites in England
Whilst the previous sites may still be available, it is also important to be mindful that the technology for onshore wind infrastructure has changed hugely since it was last developed at scale in England: turbines are taller, energy output is greater, grid connections are more difficult to secure, and infrastructure and construction requirements have changed. Sites that were once considered suitable in the mid-2010’s may not be able to accommodate modern turbines.
The larger scale developments that we are seeing in Scotland and Wales, which are now likely to emerge in England, will inevitably come with the potential for adverse impacts to the environment. Landscape capacity, visual impacts and the availability of grid connection will be critical matters for consideration for site selection.
Careful consideration will be required to identify suitable sites that can accommodate the necessary infrastructure whilst minimising harms to the site and surrounds as far as possible. It will remain important for emerging proposals to be sensitively designed to avoid or mitigate harm as far as possible.
Once suitable sites are identified and proposals start emerging, how then will the proposed changes to national planning policy influence decision making?
The removal of the tests from the NPPF should result in less planning risk for onshore wind proposals. However, it does not automatically mean planning permission will be granted for onshore wind applications. Rather, it will allow planning applications for onshore wind proposals remaining within the Town and Country Planning Act 1990 regime to be assessed in the same way as other development proposals – i.e. applications will be determined in accordance with the adopted Development Plan, unless material considerations indicate otherwise.
Proposals will need to comply with the adopted Development Plan as a whole. Where conflict arises with relevant policies of the plan, these will need to be weighed against the benefits of the proposal which, in accordance with the proposed changes to national policy, must be given significant weight. This is likely to increase the prospects of onshore wind proposals being granted permission. Avoiding or mitigating harm will still remain an important consideration in the overall planning balance.
The removal of the “community backing” test from national policy does not mean that communities voices will not be heard through the planning process. Proportionate and effective local community engagement will remain an essential component of the planning system, with Statements of Community Involvement remaining a validation requirement for planning applications to evidence how proposals have considered community feedback. Additionally, the Community Benefits Protocol is set to be updated by the Government, with locally responsive social value commitments helping communities realise tangible local benefits.
As a result of the proposed changes, we are expecting to see an increase in the number of planning applications for onshore wind proposals. This is the intentional impact of the proposed changes, but this will likely come with some challenges:
- We will no doubt face a skills shortage. With the industry having not dealt with such proposals within England for almost a decade, upskilling Local Planning Authorities (‘LPAs’) and others working within the profession will be very important to ensure the target of doubling onshore wind by 2030 is achieved. If this is not prioritised there is a significant risk applications will get “stuck” in the system or need to go through lengthy appeal processes.
- The shortage of resource in LPAs is well known, and the increase in applications likely to come forward means LPAs need adequate resources, or delays will be inevitable.
- Reintroducing onshore wind into the Nationally Significant Infrastructure Project (NSIP) regime will also likely face the same concerns surrounding resource and skills shortages, resulting in delayed determination timescales.
- Proposed changes to planning fees, and the ability for LPAs to recover costs associated to NSIPs, may help to address this challenge so long as the fees are used directly to better fund and resource planning departments within councils.
Overall, the proposed policy changes are positive and, whilst there may be challenges to be overcome in terms of identifying suitable sites, the removal of the “de-facto ban” for onshore wind in England represents another significant step in the right direction to achieve the UK's climate change ambitions.
It is an exciting prospect that we could soon see additional turbines becoming a key feature of the net zero infrastructure skyline in England. How this will be achieved will require careful consideration to ensure there is a balance between the requirements of the development, avoiding/mitigating harms to the environment, and ensuring communities remain involved in the process and benefit from hosting such schemes.
For more information on the onshore wind sector and how we can support you, please get in touch with Amy Gaskell.
Amy Gaskell and Hannah Tweedie are attending the Scottish Renewables and RenewableUK Onshore Wind Conference in Edinburgh between 3-4 September 2024. Please get in touch if you would like to discuss the themes of this article or to arrange a meeting at the conference.
29 August 2024
[1] Local planning and onshore wind
[2] Policy statement on onshore wind
[3] Proposed reforms to the National Planning Policy Framework and other changes to the planning system
[4] Renewable Energy Planning Database: quarterly extract
