Description
Book SynopsisRenewable Energy from Wind and Solar Power: Law and Regulation is concerned with the law and regulation of electricity generation in the case of the two most popular sources of energy derived from renewable resources. It covers up-to-date national policy and guidance relevant to electricity generation collected from renewable resources.
Trade Review"Of particular use to practitioners is the case study section in which Webster has identified the critical issues upon which the various cases turned. This will doubtless be of assistance to those promoting and resisting applications." Dr Ashley Bowes - Editor of the Journal of Planning and Environmental Law
Table of Contents1 INTRODUCTION Scope of introduction Climate change The UK’s record on climate change The UK’s sources of energy Brief statistical overview (fossil fuels and renewables) Sites generating renewable electricity at the end of December 2019 European energy policy UK renewables’ policies Availability of financial assistance for the generation and export of renewable energy to the grid Comment – should the planning balance change when it comes to renewable energy applications? 2 OVERVIEW OF THE REGULATORY FRAMEWORK AFFECTING WIND AND SOLAR ENERGY DEVELOPMENTS Onshore energy Permitted development Planning Act 2008 Electricity Act 1989: section 36 consents for onshore and offshore electricity generation Varying section 36 consents Environmental standards European sites Environmental assessment Exemption from consent requirement Deemed planning permission FEPA licence Overhead electricity lines Deemed planning permission for overhead lines Public inquiries where there are objections to section 36 and section 37 applications Ancillary or supporting facilities Compulsory purchase powers Position in Wales Key elements of planning law Development Planning permission National Planning Policy Framework in England Sustainable development Plan-making: key principles Decision-making: key principles Planning conditions and obligations The rural economy Green Belt land Proposals affecting Green Belt land Climate change Conserving the natural environment Conserving the historic environment UK Solar PV Strategy (Parts 1 and 2) 3 NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECTS Introduction Policy Statements The statutory process (i.e. that relevant to wind and solar energy) Nationally Significant Infrastructure Project regime in Wales 4 ENVIRONMENTAL IMPACT ASSESSMENT Introduction Purpose of Environmental Impact Assessment Overview of Environmental Impact Assessment When is an Environmental Impact Assessment required? Procedure for deciding whether a Schedule 2 project is likely to have significant effects on the environment Obtaining a screening opinion from the local planning authority Treatment of multiple applications Can an Environmental Statement be submitted without a screening opinion? What if a planning application for a Schedule 2 development is not accompanied by an Environmental Statement? Called-in applications where there is no Environmental Statement Procedure for planning appeals Determining planning applications that have been subject to an Environmental Impact Assessment 5 HABITATS AND SPECIES REGULATIONS 2017 Introduction Overview of the Habitats Regulations 2017 6 PLANNING GUIDANCE RELEVANT TO WIND AND SOLAR ENERGY DEVELOPMENTS Introduction Regulatory framework underlying decision-making National Planning Practice Guidance – Guidance on climate change National Planning Practice Guidance – Guidance on renewable and low carbon energy Electricity development consents Decommissioning offshore renewable energy installations Wayleaves and compulsory purchase orders 7 WIND FARMS Introduction Written Ministerial Statement applying to proposed onshore wind energy development Report of the House of Commons Science and Technology Committee published on 22 August 2019 Repowering existing onshore wind turbines How do offshore and onshore wind farms work? How efficient is wind power? How much of the UK’s electricity comes from wind power? Advantages of offshore wind Disadvantages of offshore wind (see also onshore wind farms where there is some overlap) Seven of the ten largest offshore wind farms in the world are in UK waters Advantages of onshore wind Disadvantages of onshore wind Checklist of requirements for wind energy projects Cost and overheads of wind turbines Repowering/decommissioning wind farms 8 CASE STUDIES INVOLVING WIND POWER PROJECTS I Permission Granted for Four Wind Turbines near to an Area of Outstanding Natural Beauty II Wind Farm Close to Listed Buildings III Wind Turbine in Green Belt IV Wind Turbines and Community Benefits as Material Considerations V Policies Requiring Exceptional Circumstances in the Context of a Wind Farm Development involving Seven Wind Turbines on Land in Powys VI Varying Conditions whose Effect was to Change the Description of the Development (Concerning Two Wind Turbines) VII Community Benefits as Material Considerations – Appeal Against a Decision to Uphold the Quashing of a Grant of Planning Permission for a Wind Turbine VIII Permission for Onshore Substation to Support Major Offshore Wind Farm IX Approval of Wind Farm Despite the Turbines Exceeding Local Policy Height Restrictions X Proposal for Eight Wind Turbines Fails on Adverse Landscape and Visual Impacts XI Proposal for Five 125m High Wind Turbines Allowed on Orkney XII Lifetime of Wind Farm Extended on Basis that the Proposal Involved Repowering and was not a Fresh Application XIII Approval Given to 14-Turbine Wind Farm Despite Concerns about 19km Access Track XIV Ten-Turbine Wind Farm Approved despite Landscape Objections XV Single Wind Turbine on Green Belt close to Heathrow Rejected XVI Five Wind Turbines Refused on Significant Environmental Grounds XVII Single Turbine Allowed where Area of Outstanding Natural Beauty Landscape and Visual Impacts Found to be Minor (Involving Heritage Issues and Local Planning Authority’s Declaration of Climate Emergency) XVIII Benefits Associated with the Generation of Renewable Energy and Climate Change Considerations still Insufficient to Outweigh Adverse Impacts on Landscape and Visual Effects Could Not Satisfactorily be Mitigated XIX Renewable Energy Benefits still Insufficient to Outweigh Adverse Landscape Impacts XX Permission Refused for a Development Consent Order Extending the Thanet Offshore Wind Farm on the Ground of Navigational Risks XXI Development Consent Granted for 158 Wind Turbines off the Norfolk Coast (Decision recently quashed and subject to re-determination) XXII Development Consent Granted in Principle for 231-Turbine Hornsea Project Three Offshore Wind Farm in the North Sea, although a Final Decision was Delayed to Allow for Final Approval of Measures to Cover Adverse Impacts to the Kittiwake Population and Coastal Special Protection Area XXIII Unacceptable Landscape and Visual Impacts Preclude 30-Turbine Wind Farm in an Area of Great Natural Beauty in Dumfries and Galloway XXIV Single Wind Turbine Allowed in Close Proximity to Existing Wind Farm 9 SOLAR ENERGY Photovoltaic system Solar cells Types of photovoltaic systems Performance Photovoltaic mounting Cabling Solar tracker Battery Selling solar electricity back to the grid (domestic installations) How much electricity do solar panels produce and how many panels might one need for a dwelling? How much do residential solar panels cost? Commercial-scale ground-mounted solar photovoltaic – bullet points Ministerial Statements affecting solar energy (as material considerations) 10 CASE STUDIES INVOLVING SOLAR POWER DEVELOPMENT I Whether the Effect that Development might have on Solar Panels on Neighbouring Residential Property was a Material Planning Consideration II Large Solar Farm in Green Belt Rejected on Landscape Grounds by Secretary of State on Recovered Appeal – Appeal Dismissed III 10MW Solar Farm Rejected because of Harm to Landscape – Appeal Refused IV Solar Farm Rejected on Landscape and Heritage Grounds – Appeals Refused V Domestic Solar Energy Proposal on Land Just Outside a National Park Rejected on the Basis of Green Belt Harm – Appeal Dismissed VI Solar Panels Not Allowed on Grade II Listed Church – Appeal Partly Allowed VII Free-standing Solar Panels Not Allowed in Grounds of Country House in National Park – Appeal Dismissed VIII Free-standing Solar Panels for Domestic Use Not Allowed in Green Belt and Area of Outstanding Natural Beauty – Appeal Dismissed IX 13.6GWh Solar Farm on 16 Hectare Site Rejected because of Adverse Visual and Heritage Impacts – Appeal Dismissed
