The NPPF, Renewable energy and the environment

As a planning and environmental lawyer, the last few years have felt like the only constants have been change and insecurity. We all know the planning system needs amending (and properly funded) to meet the demands of an over stretched housing market, climate change and the aspirations of communities and the economy, so it feels refreshing for the new Labour Government to be making these issues the key pillars of its forecasted growth – getting the country working again.

Following on from Nicola Gooch’s article about the consultation on changes to the NPPF and WMS this is a roundup of the environmental matters raised in the consultation and proposed changes. It is clear there is a strong focus and direction of travel for how we can incorporate environmental benefits, adaptions for climate change and the reduction of carbon emissions into the whole development sector. There is a host of proposals on the environment, climate change adaptation and renewable energy. We have considered a number of these below. However, if you’d like to review the full consultation this can be found here.

Renewable Energy and Low Carbon Energy

The controversial footnotes 57 and 58 have been removed – this was one of the first actions of the Chancellor in her first day in the job. So, it follows (and should come as no surprise) that Chapter 9 of the consultation focuses energy security, reduction of bills, more jobs, tangible positive effects on climate change and contributions to net zero.

The proposed changes may seem small, but they have a big impact in terms of the weight that local planning authorities should place on impacts and the contributions to those matters set out above. Significant weight is to be given to those schemes which make a contribution to the net zero target despite how small or large the scheme might be, leaning into to the concept of the culmination of marginal gains making a big impact.

The consultation also recognises the technological improvements which have been made in the renewable energy sector, but which have not been matched by the planning regime. It shares insight into ground mounted solar schemes which limit output to 49.9MW so they can remain in the TCPA regime, but given the flexibility could obtain further outputs but it is not cost effective for the scheme to obtain consent through the NSIP regime. There is a similar story for onshore wind –so there are to be amendments to allow for the TCPA regime to take more schemes the thresholds for the NSIP regime being increased– 100MW for onshore wind project and 150MW for ground mounted solar schemes.

This will be seen as good news for the renewable energy sector, but equally local authorities need to allocate appropriate sites in the local plans plus be better funded and resourced for planning officers to meet the demands of these new applications.

Water

Another welcome addition. There is commentary and contributions to water, both infrastructure and quality. This is a small but important part of the consultation as it recognises the issues being faced by certain parts of the country in water scarcity as well as the fact that critical infrastructure is required to protect future generations. This will be included in the NSIP regime.

NSIPs

The proposals are to widen the scope for projects to be included and changes to the Planning Act 2008, the ability for local authorities to charge for work done in relation to schemes, as well as updating the NPS’s which be on a rolling 5-year amendment cycle to ensure they are fit for purpose.

Environmental Issues

This ties in with what has been set out above – if development has a positive outcome for the environment and climate change then significant weight will be attached to those impacts.

Development in the green and grey belt will be required to create access to green open spaces and the green and grey belt will take into consideration environmental designations as well as local nature recovery strategies.

If you’d like to hear more about the planning reforms included in the consultation, our colleague Nicola Gooch’s blog can be found here.

Overall, the consultation can be seen positively. There is also a call for evidence as to what needs to be included.