Proposed planning reforms

The focus of press attention on the government’s proposed planning reforms has been on increasing housing supply, but changes to the National Planning Policy Framework (NPPF) will also have a positive impact on renewable energy generation.

The 5 things to note on the proposed changes are:

1. Rather than having to ‘consider identifying’ suitable areas for renewable and low carbon energy sources and supporting infrastructure, local planning authorities (LPAs) will be obliged to identify such areas in plans.

2. The focus is moved from LPAs having to support community led initiatives for renewable and low carbon energy, to having to ‘support planning applications for all forms of renewable and low carbon development. When determining planning applications, significant weight must be given to the proposal’s contribution to renewable energy generation and a net zero future’.

3. In relation to applications for repowering and life-extension of existing renewable sites, gone is the qualification that approval must be given ‘if its impacts are (or can be made) acceptable’.

4. Footnotes 59 and 60 of the current NPPF are removed. These require community support for wind energy development of any size (even one turbine) – and have effectively called a halt to onshore wind development.

5. Further renewable developments will be aided by the removal of the requirement to consider availability of agricultural land for food production when deciding what sites are most appropriate for food production. This is an argument cited in opposition to renewable developments – that the land could be better used for food production, whereas the total amount of agricultural land of any grade used for renewable energy projects is a very small fraction of the whole with climate change being a much greater threat to food production than renewable energy projects.

The consultation is open until 24 September 2024. 

TLT has over 25 years’ experience in the future energy sector and advise across the project life cycle from planning and initial development to construction and commercial operation, in all UK jurisdictions. If you would like to discuss how the proposed changes could affect you, please get in touch.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at August 2024. Specific advice should be sought for specific cases. For more information see our terms & conditions.