
A change in the wind: How planning reforms are powering onshore wind development
Onshore wind in Britain
The onshore wind landscape across Great Britain has undergone a shift following recent government policy and planning reforms.
In England, the changes have effectively lifted the “de facto” ban on onshore wind, while Wales has introduced a unified consenting regime under the Infrastructure (Wales) Act 2024, streamlining approvals for major energy projects including onshore wind. The onshore wind environment in Scotland is overwhelmingly positive with operational projects and those in the pipeline, supported by strong planning policy in favour of onshore wind by recognising its urgent and critical need.
These developments have renewed developer confidence and reopened the market. As momentum continues to build, developers must understand the new opportunities unlocked, alongside the remaining challenges.
The policy reset: what has happened?
Under the previous government, a “de facto” ban on onshore wind development applied in England. Since 2015, proposals could only be approved where: (i) the site was allocated in a development plan; and (ii) the proposal had demonstrable community backing. In practice, these requirements operated as a form of community veto, with even limited local opposition often proving determinative.
The Labour government moved quickly on entering office in July 2024 to remove these barriers, removing both restrictive policy requirements from the National Planning Policy Framework (NPPF).
Subsequent reform has reinforced this policy shift. The Infrastructure Planning (Onshore Wind and Solar Generation) Order 2025 reintroduces onshore wind into the nationally significant infrastructure project (NSIP) regime, alongside an increased generating capacity threshold under section 15(2) of the Planning Act 2008 to 100MW. Projects above this threshold are now automatically treated as NSIPs, while subthreshold schemes remain under the Town and Country Planning Act 1990 regime but may opt into the NSIP regime under section 35 where appropriate. The Planning and Infrastructure Act 2025 also introduces greater flexibility, including a potential route to opt out of the NSIP regime where justified by the particular characteristics of a project.
Updated energy National Policy Statements (NPSs), including NPS EN‑1 and NPS EN‑3 have embedded onshore wind in the strategic policy framework for nationally significant infrastructure and, critically, align it with the Government’s Clean Power 2030 agenda. Crucially, onshore wind projects falling within the NPS framework are now treated as a “Critical National Priority” (CNP), giving rise to a strong presumption in favour of granting development consent.
What does this mean in practice?
Reopened pipeline: These changes have reopened the project pipeline in England, with schemes previously facing significant policy barriers now beginning to progress through the planning system. There is now support for the return of large-scale development, particularly for projects in excess of the 100MW threshold.
Repowering opportunities: Many early onshore wind schemes are reaching the end of their operational life, and the current policy environment supports replacing older turbines with newer models. Repowering can offer clear advantages from a planning perspective, including an established baseline of development and existing grid connections, but still requires careful environmental assessment, particularly where turbine height and capacity increase.
Emerging project types: Developers are exploring more complex and flexible projects, including co-locating technologies. Recent amendments to section 15(2)(aa) of the Planning Act 2008 suggest an emerging policy acceptance of co‑located onshore wind and solar development, and we have seen increasing developer interest in such schemes.
A key challenge lies in determining the appropriate consenting strategy, particularly where project thresholds engage multiple generating technologies. The current position, as reflected in the updated National Policy Statement EN‑1, is that capacity thresholds should be assessed on a technology-specific basis rather than cumulatively. While this provides a degree of clarity, it does not entirely resolve the strategic considerations for hybrid schemes, and project promoters will need to carefully assess the most appropriate consenting route on a case-by-case basis.
Key planning considerations for onshore wind
Landscape and visual impacts remain a central area of contention in onshore wind development. This is unsurprising given that the windiest parts of the country frequently coincide with areas of high landscape sensitivity, including designated landscapes.
Developers should address these impacts at the earliest stages of project design, with emphasis on embedding mitigation within the scheme itself.
For example, in the decision letter for Five Estuaries Offshore Wind Farm, the Secretary of State noted that embedded design measures, in particular refinements to the array boundary and the reduction in blade tip height, sufficiently reduced visual impacts. The Landscape and Visual Inquiry Report for Culachy Wind Farm shows how the applicant demonstrated a willingness to explore turbine colour options to reduce visual prominence, subject to commercial viability.
Landscape and visual effects take on particular significance where development is proposed within or in proximity to Protected Landscapes. In such cases, decision-makers are subject to a statutory duty to “seek to further” the purposes of designation. While this duty arises from a range of legislative provisions, its core objectives are to conserve and enhance natural beauty and, in the case of National Parks, to promote opportunities for public enjoyment.
In the past, this duty had the potential to cause large sums of money being requested from the developer to discharge the duty. For example, on Lower Thames Crossing, £38 million was demanded by the Kent Downs AONB Unit. The applicant offered £3 million and the agreed amount is still being negotiated.
Two helpful points to note in respect of this duty are:
- NPS EN-1 makes clear that the use of mitigation measures in the context of discharging the statutory duty has to be balanced against the need for the development as CNP infrastructure. Paragraph 4.2.24 states that mitigation measures which would lead to a significant reduction in generating capacity for CNP infrastructure are “unlikely to be considered to be appropriate”.
- A taskforce led by John Fingleton produced a Nuclear Regulatory Review in 2025, which included a recommendation that the national landscape duty should be constrained. The Government has now published its formal response, confirming that that they will “legislate to clarify that developers of Nationally Significant Infrastructure Projects are not required to pay financial compensation in order to comply with the Protected Landscapes Duty. Relevant authorities must still seek to further the purposes of Protected Landscapes, meaning that landscape and nature considerations and better environmental outcomes remain an important consideration for development in these special places.”
Proximity to residential receptors is a key consideration in the planning of onshore wind development. Schemes located close to existing settlements are more likely to give rise to concerns relating to noise, visual amenity, shadow flicker and potential cumulative effects with other nearby turbines. These issues can materially influence both consultation responses and the planning balance, particularly where impacts are experienced by a concentrated number of receptors.
Careful site selection and scheme design are essential to ensure that appropriate separation distances are maintained and that potential effects on nearby communities are mitigated as far as practicable.
Key land and delivery considerations for onshore wind
Alongside planning and policy considerations, land assembly and property rights are fundamental to the successful delivery of onshore wind projects. Securing a robust and deliverable land strategy at an early stage reduces programme risk and supports a smoother route through consenting and construction.
Key considerations include:
Securing appropriate access routes to the development area is critical. In England and Wales, this will typically involve robust easements, and in Scotland, servitudes. It is important to ensure that these rights cover the full project lifecycle, including construction, operation and maintenance, and emergency access, and may require engagement with multiple landowners.
Developers must consider whether turbine blades will oversail neighbouring land, requiring rights over third-party airspace. Similarly abnormal load deliveries may necessitate overrun rights where vehicles extend beyond the adopted highway. Early identification is essential to avoid later constraints.
Securing an option for lease or a lease is a key step in the project. Careful consideration will need to be given to the key commercial and legal terms, including the lease length, any break rights, and reinstatement obligations at the end of the term, to ensure the arrangements align with the project’s programme and long-term objectives.
Securing land rights for cable routes is often complex and can involve multiple third-party interests. Route selection, easements (or servitudes), and coordination with network operators are critical to ensuring a viable and deliverable grid connection strategy.
It is important to identify and assess any title matters affecting the land, including restrictive covenants, overage arrangements and third‑party rights. We would also need to check for any mines and minerals reservations or interests (and ancillary working rights), which may impact turbine foundations and ensure such rights are managed through commercially sensible consents or indemnities. These considerations can have a material impact on deliverability. Early due diligence and risk mitigation strategies are essential to avoid delays or additional costs later in the development process.
Market outlook and how we can help
Government policy has never been stronger for onshore wind. The NPSs confirm that onshore wind benefits from Critical National Priority status which in most cases means that adverse impacts would not be a reason for refusing consent.
At TLT, our multidisciplinary team combines expert, market-tested experience across England, Wales, Scotland, Northern Ireland and the Republic of Ireland, supporting clients at every stage of onshore wind development. From early site identification and planning strategy, through to grid connection and regulatory engagement, and on to real estate, construction and project delivery, we provide fully integrated support throughout the project lifecycle.
Authors: Amina Harvey and Beth King
This publication is intended for general guidance and represents our understanding of the relevant law and practice as at June 2026. For more information see our terms & conditions.
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