Comment

Proposed changes to the NPPF: turbo charging renewable energy generation

Last week saw the launch of the consultation[1] on a revised National Planning Policy Framework (NPPF). In keeping with Labour’s priority to ‘make Britain a clean energy superpower’, the proposed changes to the NPPF include positive strides for net zero development, renewable and low carbon energy generation.

Our Net Zero Infrastructure (NZI) team outline the key proposed amends and explain why many are welcome changes which will turbo charge renewable and low carbon energy generation.

A clear commitment to NZI in Labour’s first month

Within its Manifesto Labour pledged to ‘make Britain a clean energy superpower’.

After little under a month in office significant progress has already been made, including:

• lifting of the de facto ban on new onshore wind development in England, together with setting up an onshore wind taskforce that will work with developers to build a pipeline of projects
• introducing the Great British Energy Bill into Parliament, setting out proposals to create a publicly owned energy company, backed by £8.3 billion to invest, own, manage, and operate ‘clean power’ projects
• confirming a partnership between Great British Energy and the Crown Estate to support new offshore energy generation in England and Wales
• establishing ‘Mission Control’, tasked with delivering the Government’s clean power mission by 2030
• reconvening the solar taskforce to produce a solar roadmap, highlighting the important contribution of rooftop solar, and consenting 1.3GW of solar energy generation through granting Development Consent Orders for three key projects
• expanding the budget for the upcoming Contracts for Difference Auction to £1.5bn, up by £500m from last year, with the majority set for offshore wind power

Proposed NPPF changes for NZI and renewable and low carbon energy

On schedule, we have now also seen the launch of a consultation on a revised NPPF which includes further positive changes proposed for NZI and renewable and low carbon energy generation.

We’ve produced the below summary to set out the key proposed changes, and highlight where amends are welcomed and where further work is required:

Requirement to support proposals for renewable / low carbon energy

The standout component is the proposed amendment to Paragraph 162 (now 163) which introduces an unequivocable requirement for Local Planning Authorities (LPAs) to support planning applications for all forms of renewable and low carbon energy development.

The reference to ‘all’ is of note and reflects the broad range of current and potential future technologies which have the potential to contribute to UK energy security and decarbonisation of the grid. 

Significant weight to be given to scheme benefits

This requirement is further reinforced through the proposed amendment to Paragraph 163 (now 164) which would require LPAs to “give significant weight to a proposal’s contribution to renewable energy generation and a net zero future” (emphasis added) when determining applications for renewable and low carbon energy^[2].

This amendment would formalise the weight to be applied to the benefits of such projects (irrespective of scale) enroute to achieving net zero by 2050 in accordance with the UK Climate Change Act and to provide energy security. Its introduction is intended to increase the likelihood of such projects being granted permission.

Defining areas suitable for energy infrastructure in plans encouraged 

In respect of plan-making, Paragraph 160b (now 161b) has been amended to require LPAs to “identify”, rather than “consider identifying”, “suitable areas for renewable and low carbon energy sources and supporting infrastructure, where this would help secure their development”. As the consultation sets out, this amendment seeks to set a stronger expectation to identify sites when producing plans, with allocation providing greater security for development and delivery^[3].

Paragraph 165 is proposed to be retained unaltered. This confirms that, once ‘suitable areas’ have been identified in plans, LPAs should expect planning applications relating to renewable and low carbon energy outside these areas to demonstrate that the proposed location meets the criteria used in identifying suitable areas. 

In our opinion the amendment of Paragraph 160b and retention of Paragraph 165 appears counterintuitive and could potentially hinder rather than assist the delivery of projects. 

Previous experience suggests that when such areas are defined in local plans they are done so without full knowledge of the myriad of technical and commercial principles which underpin site selection and can lead to sites / areas being defined which are unsuited to development. Furthermore, once fixed, the boundaries of such areas are incapable of being amended to reflect the evolution of existing technology or emergence of new technologies without a formal local plan review.

Whilst the proposed policy wording does not preclude development outside predefined areas, it nevertheless risks establishing a formal test within policy which applications would need to satisfy, which seems somewhat unnecessary. 

It also risks leaving behind a level of policy complexity which does not apply to other forms of development such as housing. 

It would be more appropriate to allow applications for renewable and low carbon energy to be assessed on a case-by-case basis relative to the benefits versus identified impacts, and in this regard the provisions of Paragraph 160a (now 161a) provides the basis for establishing criteria-based policies within local plans. 

A new future for onshore wind in England?

With specific regard to onshore wind, the requirement for new commercial scale onshore wind farms to be located within ‘suitable areas’ (as defined in local plans), set out under Footnote 58, has been removed in the consultation draft NPPF. The requirement for wind energy development to have “community support”, set out under Footnotes 57 and 58, has also been removed.

This amendment is an important step forward in streamlining the decision-making process for onshore wind development, however, proportionate and effective local engagement remains essential to educating communities and bringing local audiences into the net zero conversation. The Community Benefits Protocol is set to be updated by the Government, with locally responsive social value commitments helping communities realise tangible local benefit to nationally significant net zero infrastructure.

Repowering and extending the life of renewable and low carbon energy projects

Paragraph 163c (now 164c), which relates to repowering or life extension of existing renewable sites, is proposed to be amended. Whilst it would still require “significant weight to be applied to the benefits of utilising an established site”, the requirement to only approve an application if its impacts are (or can be made) acceptable would be deleted.

Whilst this amendment is welcomed the effect is likely to be limited as, inevitably, a decision maker is only likely to approve such developments where they are satisfied that the potential impacts fall within established thresholds of acceptability and are outweighed by scheme benefits. In our experience, and as shown by various research^[4], such projects can deliver significant benefits in terms of additional energy generation but can also give rise to different or additional impacts to those considered for the original wind farm which require careful consideration particularly in relation to matters such as turbine height, blade length and noise.

Grey Belt within the Green Belt

Paragraph 155 (now 154) is proposed to be retained unamended. This paragraph confirms that when located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development, and therefore very special circumstances would need to be demonstrated. It goes on to confirm that very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources.

This continued recognition is welcomed and is reflective of the fact that many renewable and low carbon energy projects may need to be located on land within the Green Belt to meet specific locational requirements. As Paragraph 163 (now 164) requires significant weight to be given to these benefits it follows that significant weight must also be given to a very special circumstances case where such benefits form part of the case.

Perhaps of greater significance however is the introduction of a new Paragraph 152 which states that “housing, commercial and other development development [e.g. renewable and low carbon energy development] in the Green Belt should not be regarded as inappropriate” (bold text added) where “a) the development would utilise grey belt land in sustainable locations, the contributions set out in Paragraph 155 are provided, and the development would not fundamentally undermine the function of the Green Belt across the area of the plan as a whole; and … b) … there is a demonstrable need for land to be released for development of local, regional or national importance”.

The implication of the above is that if land can be shown to meet the relevant tests, the requirement to demonstrate ‘very special circumstances’ for development within the Green Belt would not apply. 

This proposed amendment is potentially very significant for renewable and low carbon energy developments. The requirement to demonstrate absence of “fundamental harm” to the Green Belt across the entirety of the relevant LPA administrative area and demonstrate a need of national importance appears to set, on first impression, a relatively low bar. 

Agricultural land

Footnote 64 (attached to Paragraph 181) is proposed to be amended to remove references to the requirement to consider the “availability of agricultural land for food production” when deciding what sites are most appropriate for development.

This amendment aligns with the new Secretary of State’s (SoS) approach in determining the recent Sunnica Energy Farm Development Consent Order application^[5] – a 500MW solar generation station and battery energy storage system – whereby the SoS overturned the recommendations of the Inspector to conclude that the public benefit of meeting the urgent national need for low carbon energy generation outweighed the temporary loss of food production.

Changed thresholds for NSIPs

Alongside the proposed amendments to the NPPF, the consultation also sets out potential amendments to the thresholds upon which renewable and low carbon energy generation projects could be considered as a ‘nationally significant infrastructure project’ (NSIP) under the Planning Act 2008, including:

• Reintroducing onshore wind but setting the threshold at 100MW rather than 50MW
• Raising the threshold for solar projects from 50MW to 150MW

Projects which meet these thresholds would therefore be required to submit an application for a Development Consent Order to seek approval from the Secretary of State, rather than the relevant LPA (under the Town & Country Planning Act 1990). 

This change has been introduced in recognition that the existing thresholds are artificially constraining the size of some projects (especially solar) to <50MW in order to avoid the costs and timescales associated with the NSIP regime. The adjusted thresholds could see more and larger projects being determined at the local level, which whilst coming with its own challenges, is often a more timely process (if determined positively). 

The consultation lacks detail, however, on how this would be implemented and any transitional arrangements which would be put in place to enable advanced projects to continue under the existing planning regime.

Our view – a welcome set of changes

Overall, we welcome the proposed amendments to the NPPF and establishing a more positive and flexible framework for the promotion and approval of applications for renewable and low carbon energy generation.

There are elements which we consider require further refinement, however, and we look forward to engaging with the consultation on behalf of our clients who are already contributing to the energy transition and delivering net zero and energy security on the ground. The proposed introduction of grey belt is of particular interest.

The consultation on proposed reforms to the NPPF and other changes to the planning system is open until 11:45pm on Tuesday 24 September 2024. If you would like to discuss the consultation and/or require support to prepare representations, please contact a member of our Net Zero Infrastructure Team.

For more information on the work of our NZI team please click here. 

5 August 2024

[1] Proposed reforms to the National Planning Policy Framework and other changes to the planning system

[2] Proposed reforms to the National Planning Policy Framework and other changes to the planning system (30 July 2024), Chapter 9 – Supporting green energy and the environment, Paragraph 7.

[3] Proposed reforms to the National Planning Policy Framework and other changes to the planning system (30 July 2024), Chapter 9 – Supporting green energy and the environment, Paragraph.

[4] Considering time in land use planning: An assessment of end-of-life decision making for commercially managed onshore wind schemes - ScienceDirect

[5] Sunnica Energy Farm - Project information (planninginspectorate.gov.uk)