Planning matters

Much has been said in recent political pronouncements about net zero. Whilst Government appears to be softening its approach to achieving some key green targets, its overarching commitment to reaching net zero by 2050 remains[1].

Changes in the way energy is produced, consumed and managed is key to achieving this goal and has been repeatedly emphasised by Government (e.g. in the Department for Energy Security and Net Zero’s ‘Powering Up Britain’, March 2023[2]) and other bodies including the National Grid (e.g. in its National Grid ESO ‘Future Energy Scenarios’ Report, July 2023[3]). Front and centre is the need to diversify, decarbonise and domesticate energy production with an investment in renewables.

Good progress has already been made and in September, 49% of electricity produced came from zero carbon sources, peaking at 86% on 24 September at 1pm[4]. Electricity generated from renewables has increased over time and is now an important source of supply.

This increase has both been driven by, and has resulted in, decentralisation of supply. The outcome is that there has been a shift in the way electricity is generated from a predominantly centralised energy system with large generators at a national level, to a more mixed picture with some large infrastructure but more decentralised energy infrastructure, generating power at the local and regional level. From a planning perspective, this approach is resulting in more energy projects being determined at a local level.

Whilst support for the concept of renewable energy is strong, support for what it takes to provide the necessary infrastructure at local level is less so. As more projects come forward, processes will need to be in place to deliver the right infrastructure in the right places to ensure we reach net zero targets.

The Planning Act 2008 introduced a bespoke consenting route for Nationally Significant Infrastructure Projects (NSIPs) in the field of energy as well as transport, water, waste and wastewater. The regime was extended in 2013 to include large scale business and commercial schemes and again in 2016 to allow related housing development to be consented as part of a Development Consent Order (DCO).

The DCO system intended to simplify and speed up the process of obtaining planning permission for these large infrastructure projects. In recent years, the demands on the system are changing, and its speed has slowed as the number and complexity of applications coming into the system has increased. In February 2023, the Government issued an action plan for reforms to the planning process which sets out measures it is already taking and the next steps it will take to improve how the planning system delivers nationally significant infrastructure. A recent consultation focusing on operational reforms to the NSIP consenting process ran for 8 weeks and ended on 19 September 2023^[5].

It is noted that once a DCO application has been submitted, the Planning Inspectorate, on behalf of the Secretary of State, will determine whether or not the application meets the standards required to be accepted for examination. If it doesn’t, an application for energy infrastructure will be subject to the usual local planning process (e.g. it will need to be applied for through the Council at a local level).

Recent Government announcements and legislation have also sought to streamline this process. On Tuesday 5 September 2023, the Government announced its plan to relax the planning permission process for new onshore wind farms^[6]. This was accompanied by the updated National Planning Policy Framework (NPPF, 2023).

Whilst changes to national policy are being made, it is questionable how much impact this will actually have on the system. To use the recent onshore wind farm example, the Government states that it has adjusted policy so that local authorities can more flexibility address the planning impact of onshore wind projects identified by local communities however, there is still a reference in the updated NPPF (at footnote 54) to developers having to show that, following consultation, planning impacts identified by the affected local community have been appropriately addressed and the proposal has community support, otherwise it should not be considered acceptable. This is discussed further in my colleague Katie Brown’s blog^[7].

Whilst community engagement is extremely important, a proposal obtaining full community support should be considered on a site by site basis, noting there are many reasons why residents object to planning applications and the sheer importance of this infrastructure should be afforded weight if we are to meet net zero. Arguably policy needs to go further.

Even if the Government is advancing policy at a national level, this doesn’t seem to be translating to local policy and filtering down at a local level. Unlike Scotland and Wales where areas are specifically identified in Local Plans to host energy infrastructure, the same often cannot be said of England (despite sometimes onshore wind farms which are somewhat of a niche). Peterborough City Council is leading the way in this and has prepared a Local Area Energy Plan (LAEP). The LAEP, which covers 70% of all emissions generated in Peterborough, evaluates the current and future energy demands of the city and produces a plan to get to net zero carbon.

However, for many local authorities, they are nowhere near producing similar plans and having to do so, and regularly update given the rapidly changing nature of the energy industry, is likely to be a step too far.

The point is that the majority of local authorities don’t have a clear plan to deal with energy infrastructure often resulting in sporadic development which has been put forward and approved in response to an announcement from National Grid that a particular area is in need of support. There is a clear lack of consistency on what is actually needed longer term.   

The lack of a clear plan also means that key pieces of infrastructure are often refused, usually based on the fact it is often located in rural areas, and considered to be visually intrusive. It is noted that development of infrastructure to serve the National Grid requires, by its nature, connection to the grid network and often other networks/points of connection so the locations that can accommodate this type of infrastructure are limited.

Even where development has been dismissed at appeal for example, an Inspector will nearly always afford some degree of weight to the fact that energy infrastructure will provide an additional/flexible energy supply to meet demand, and help to achieve net zero targets which is important. The recent appeal decision (21 July 2023) in response to an appeal made by Lullington Solar Park Ltd against the decision of South Derbyshire District Council (ref. APP/F1040/W/22/3313316) is relevant.

Securing of this infrastructure will continue to be important going forward with the increasing use of renewables connected to the grid. As these sources depend on natural conditions, such as solar and wind, energy backup reserves and ancillary services are emerging as key. This has long been recognised and was set out in the Energy White Paper (December 2020): “…to ensure that the system is also reliable, renewables need to be complemented by technologies which provide power, or reduce demand when the wind is not blowing, or the sun does not shine” (page 43).

Operational flexibility is thus increasingly becoming important, particularly as efforts to decarbonise the heating and transport sectors through electrification will lead to greater demand for electricity. 

Something drastic needs to be done now to ensure we hit key targets that will contribute towards a net zero carbon future. Fundamentally, there is a clear need for local authorities to consult more closely with the National Grid and other energy companies to ensure a coordinated approach that leads to grid stability and resilience as well as that maximises our chances of reaching net zero at the earliest opportunity. Greater understanding of the challenges around grid capacity and, in turn, limited availability of sites to host major energy generation and storage infrastructure, will help determining authorities make more informed decisions on planning applications for such infrastructure and, in turn, help the UK reach its net zero targets.

Given the importance of this issue, more also needs to be done at a national level to set out a clearer framework within which local authorities can work. In the UK’s Electricity Networks Commissioner’s independent report dated 4 August 2023[8], Nick Winser recommends that: “We need a SSEP [Strategic Spatial Energy Plan] for Great Britain. To reduce energy bills as much and as quickly as possible, we need bold decisions on energy policy right across the system” (page 4).

Now’s the time to put this plan into action if we really are going to reach net zero.