Sandra Hayes Senior Project Manager

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Sandra HayesSenior Project Manager
Planning Issues
NEF Renewables A Department of The National
Energy Foundation
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The Purpose of the Planning System

• To regulate the development and use of land in
  the public interest.
• To reconcile the demand for development and the
  protection of the environment.
• To contribute to the Governments strategy for
  sustainable development.
• (PPG 1 General Policy Principles, Paragraph
  39, 1997)

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The Planning Decision

• If planning permission is required, the following
  steps are necessary-
• Consider the views from other government
  departments and other bodies, including the
  general public.
• Consider government policies, as expressed in
  Planning Policy Guidance (PPGs).
• Take into account the provisions of the
  development plan s54A the determination shall
  be in accordance with the development plan unless
  material considerations indicate otherwise.
• Material considerations (including subsequent
  national policy statements or changes in local
  circumstances).

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National Planning Policy

• PPG (Planning Policy Guidance) Note 22 issued in
  1993 relates to Renewable Energy.
• Paragraph 20 states-
• In planning for the use of land by
  energy-generating installations, the Governments
  general aims are
• (a) to ensure that societys needs for energy are
  satisfied, consistent with protecting the local
  and global environment.
• (b) to ensure that any environmental damage or
  loss of amenity caused by energy supply and
  ancillary activities is minimised and
• (c) to prevent unnecessary sterilisation of
  energy resources.

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Annexes to PPG22

• Include a detailed Annex on Wind Energy.
• Further Annexes (as PPG 22A) were added in
  October 1994 relating to energy from waste
  combustion, hydro power, wood fuel, anaerobic
  digestion, landfill gas and active solar systems.
• New Annex on PV published April 02

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Annex on Wind Energy (1)

• The most detailed of the Annexes
• Divided into two sections
• The technology, encompassing wind turbine
  characteristics wind farms grid connection
  sitting and degree of disturbance.
• The planning implications incorporating such
  issues as proximity to power lines, airports,
  roads and railways, shadow flicker, noise,
  electromagnetic interference, siting and
  landscape amongst others.

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Annex on Wind Energy (2)

• Paragraph 59 states Local Planning Authorities
  must always weigh the desirability of exploiting
  a clean, renewable energy source against the
  visual impact on the landscape of wind turbines.

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Annex on Wind Energy (3)

• Annex gives no indication of how the balance
  between development and protecting the
  environment should be struck.
• Emphasis very much on local issues and
  implications, with little or no reference to
  national policies or objectives.
• Conflicting decisions on whether national need
  for renewable energy can outweigh visual impact.
• The fact that there are alternative sites can be
  used as a reason for non-development.
• Small amount of energy produced as against fossil
  fuel plants has also been used as a reason for
  refusal.

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Wind Power Progress through the Planning System

• First quarter 2003 totals for wind power consent
  equal 567MW of new capacity from 10 projects.
  This compares favourably with approvals gained in
  previous years
• Year Refused (MW) Approved (MW)
• 2000 60.675 78.68
• 2001 89.29 157.4
• 2002 122.65 621.12
• 2003 1st Q 22.9 567.25
• (Reference BWEA www.bwea.com/planning/1Qbriefing
  .html)

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Annex on Photovoltaics (April 2002)

• On new buildings, the consideration for the
  planning authority (lpa) is the visual impact.
• On existing buildings, the lpa has to decide if
  the PV array would be a material alteration of
  the external appearance of the building. Even if
  it is a material alteration a planning
  application may not be required as there may be a
  permitted development right.
• Special provisions relate to listed buildings,
  conservation areas, National Parks etc.

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PPG 11- Regional Planning

• Regional assessments have been undertaken to
  determine how each Government Region can
  contribute toward Governments target of 10 of
  electricity from renewable energy by 2010.
• PPG 11 sets out role of RPG in assisting with
  delivery of these targets by defining broad
  locations for renewable energy development and
  setting criteria to help local planning
  authorities select suitable sites in their
  plans.

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Regional Targets

• Region Low(TWh) High (TWh)
• East of England 4.3 13.3 4.3 13.3
• East Midlands 1.8 5.6 2.0 6.1
• London 0.2 0.7 0.6 1.9
• North East 0.9 2.7 2.0 6.3
• North West 2.8 8.6 3.2 9.7
• South East 1.4 4.4 3.3 10.1
• South West 1.2 3.7 2.5 7.8
• West Midlands 2.5 7.7 2.9 8.9
• Yorkshire Humber 1.2 3.8 3.6 11
• Scotland 3.6 11.1 3.6 11.1
• Wales 1.3 4.2 4.4 13.4
• Total RO 21.3 66 32.3 100

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The Energy White Paper (1)

• Planning identified as one of the big obstacles
  to new renewables.
• New PPS 22 to be published for consultation due
  before Parliament rises in July 03 (with a view
  to bringing out a new version by the end of the
  year).
• Internal review of PPG 7 on planning in the
  Countryside.
• Separate guide on best practice also to be
  published to give guidance to local authorities
  and developers.

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The Energy White Paper (2)

• Also proposes consultation on new regional level
  strategic approach to energy issues which will
  incorporate regional targets.
• The Office of the Deputy Prime Minister to look
  at bringing the use of renewables and energy
  efficiency in developments more within the scope
  of the planning system.
• Government to look at planning statistics for
  renewables.

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Types of Development Plan

• The main types are
• Structure Plans prepared by County Councils
• Local Plans prepared by District Councils
• Unitary Plans prepared by Unitary Authorities.
  Divided into two parts Part I that is the
  equivalent of a structure plan and Part II that
  provides a detailed local plan for the district.
• National Parks also prepare their own Plans

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Dover District Council Local Plan Adopted 2002

• Chapter 7 on Environmental Resources includes
  policy on renewable energy.
• Details each type of renewable energy, including
  wind resource map.
• Chapter 8 includes policies on energy use.

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Policy ER1

• Proposals for the development of energy from
  renewable resources will be permitted provided
  that-
• The benefits of renewable energy generation
  outweigh any adverse impacts
• Waste combustion development is located on land
  identified for development within Use Class B2
  and
• Where practicable, they are located in close
  proximity to the existing electricity
  distribution infrastructure.

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Policy DD2

• Permission for the installation of solar
  panels will be granted provided that the proposal
  does not result in a change in the appearance of
  the property which is detrimental to its
  character or the character of the surrounding
  area.

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East Herts Local Plan Second Review (Deposit
Version)

• SD2 (New Policy) Renewable Energy
• The District Council supports, in principle, the
  development of facilities for both
• (a) commercial renewable energy generation and
• (b) small scale local renewable energy
  generation.

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SD3 (New Policy) Energy Statements

• (I) Planning applications for one or more
  dwellings, or other forms of development of
  greater than 100 sq.m gross floorspace, will be
  expected to be accompanied by the submission of
  an Energy Statement. This Statement should
  include a comprehensive report of the efforts
  made by the applicant to incorporate layouts and
  designs which exploit the potential for both
  renewable energy and energy efficiency.

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SD3 Continued

• (II) Planning permission will be refused if the
  Energy Statement is not submitted or is not
  satisfactory.
• (III) An Energy Statement can be submitted with
  an outline planning application.

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Planning and Compulsory Purchase Bill Dec 02

• Removal of Structure Plans, leaving a two tier
  system of Local and Regional plans (Regional
  Spatial Strategies).
• Duty on local planning authorities to prepare a
  statement of community involvement.
• Statutory duty for Local Development Documents
  and RSS to contribute to sustainable development.

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Planning Conditions

• Planning authority is entitled to grant
  permission subject to such conditions as they
  think fit (s70(1)(a) Town and Country Planning
  Act 1990, but the following test have to be
  applied before conditions can be imposed
• 2. Is it relevant to planning?
• 1. Is it necessary in relation to the
  development proposed?
• 3. Is it relevant to the development proposed?
• 4. Is it enforceable?
• 5. Is it precise?
• 6. Is it reasonable?

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Planning Obligations (s106 Agreements)

• S106 provides that any person interested in land
  in the area of the local planning authority may,
  by agreement or otherwise, enter into an
  obligation
• (a) restricting the development or use of land in
  any specified way
• (b) requiring specific operations or activities
  to be carried out in, on, under or over land
• (c) requiring the land to be used in a specific
  way or
• (d) requiring a sum or sums to be paid to the
  authority on a specified date or dates or
  periodically

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Supplementary Planning Guidance (SPG)

• Used to provide detail on specific issues not in
  the development plan. Should not contradict
  development plan or introduce new policy.
• It does not go through the same consultation
  process as development plans and consequently
  carries less weight.
• SPG may be taken into account as a material
  consideration.
• The ethos behind the publication of SPG is to
  bridge the gap between development plan and
  planning application.

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Newark and Sherwood District Councils SPG on
Wind Energy

• Originally drafted as a reaction to a specific
  application from the Hockerton Housing Project.
• National and local guidance was considered not to
  be sufficient to deal fairly with the
  application.
• Contains 3 specific policies on wind
• W1 Wind in the countryside
• W2 The impact of wind turbines on wildlife and
  human heritage designations
• W3 Wind turbines associated with existing or
  proposed employment development.

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Policy W1 Wind Turbines in the Countryside

• Planning permission will be granted for wind
  turbines in the countryside where
• The environmental impacts of noise generation,
  shadow flicker and electromagnetic disturbance
  are acceptable
• The individual or cumulative effect of turbines
  in the countryside do not create an unacceptable
  visual impact on the landscape and
• The development achieves a net environmental
  gain.
• Copy can be downloaded from www.nsenergyagency.co.
  uk/Renewables.html and
• From Local Authority Energy Advisory Service
  website www.easiest.org.uk

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The Cricklade Decision

• Planning application made by Ambient for 5.5MW
  power station at Cricklade in North Wiltshire.
• Needed 32,000 tonnes of wood a year, which would
  have meant 15 lorry journeys a day.
• Proposed site within Cricklades rural buffer
  zone.
• Strong local opposition. Campaigners formed an
  action group BLOT Biomass Lumbered on our
  Landscape 400 letters in protest written.
• Planning application turned down by the Council
  and the Inspector on Appeal.

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Do Politics have a Role?

• Local Authority planning officers make a
  recommendation but
• The planning decision will be made by the local
  planning committee (Councillors).
• Councillors will have their own views and they
  are elected.

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Town and Country Planning (General Permitted
Development) Order 1995

• Schedule 2 of the GDPO provides details of
  development which can be undertaken without the
  need to seek planning permission.
• But note, a Council may have removed some of the
  permitted development rights by issuing an
  Article 4 direction.

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Development within the Curtilage of Dwelling
House (Part 1)

• Class C - any other alteration to the roof
• (relevant to solar panels)
• but development is not permitted which would
  result in a material alteration to the the shape
  of the roof.

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Class E

• Class E Buildings and other structures on the
  land around your house incidental to the
  enjoyment of the dwelling house as such.
• (relevant to small wind turbines?)
• Town and Country Planning Association working on
  more specific General Permitted Development
  rights for domestic small scale renewables.

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So..

• Will permit installation of solar water and
  photovoltaic panels in the areas not excluded.
• The DETRs guidelines ( Planning A Guide for
  Householders, Section G ) says you do not
  need to apply for permission for the installation
  of solar panels which do not project
  significantly beyond the roof slope.
• Copy available at www.planning.dtlr.gov.uk/househo
  lders/guide.htmbml or 0870 122 6236

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What is significant?

• Case in January 02 in which Inspector on behalf
  of Purbeck District Council held the Development
  was not permitted under Class C because it was
  held that the panels materially altered the shape
  of the roof (the projection was between 8 and
  12cm). Two out of three panels had to be removed.

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So the moral is..

• Speak to the local planning office before
  installing any solar panels, but
• The response might be make a planning application!

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Major Infrastructure Projects

• Under Section 36 of the 1989 Electricity Act,
  proposals for power stations above 50 megawatts
  capacity fall to be determined by the DTI, who
  are required to call a Public Inquiry if a local
  planning authority objects, and may do so if
  there are other relevant reasons.
• Plans to streamline Public Enquiry process in the
  Energy White Paper

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Cefn Croes Ceredigion

• A development of 39 turbines up to 100m high with
  a proposed output of 50MW plus.
• First wind power scheme to be decided by the DTI
• Local Councillors did not register an objection.
• Therefore no automatic entitlement to an Public
  enquiry. Although there were of objections from
  six conservation bodies, the Secretary of State
  did not use her discretionary powers to call an
  Inquiry and permission was granted on 23/5/02.

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Contact Details
Sandra Hayes Project Manager National Energy
Foundation Davy Avenue Knowlhill Milton
Keynes MK5 8NG Telephone [phone] E-mail
Sandra_at_greenenergy.org.uk www.greenenergy.org.uk