Renewable Energy from Wind and Solar Power: Law and Regulation [Kõva köide]

1 INTRODUCTION
Scope of introduction
Climate change
The UKs record on climate change
The UKs 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 UKs 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 Authoritys 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

William Webster is a tenant at 3 Paper Buildings, practising in land and planning law and related fields. He is a member of the Chancery Bar Association and the Property Bar Association. William is joint author of Restrictions on the Use of Land and author of Planning Law: A Practitioners Handbook (Wildy, Simmonds & Hill). For the past three years he has featured in the Legal 500 in the fields of construction, environment and planning law.