The new National Planning Policy Framework (NPPF) is the biggest update to planning policy in a generation, and for clean energy developers, it makes for a positive read.
The government has claimed that renewables sit at the heart of its growth agenda, with the newly published framework making confident strides to back that up.
Kiran Maher, Associate in our Planning and Environment and Clean Energy teams, discusses the five key impacts that the clean energy sector should be aware of.
Energy and water capacity now shape where development goes
Local Planning Authorities (LPAs) preparing local plans must now properly and proactively consider energy and water capacity when deciding on where new development should go.
That means plan-making should factor in grid constraints, water availability and connection capacity from the outset, rather than halfway through a planning application.
This is great news for clean energy schemes, as it means better alignment between where local plans allocate land and where the grid can actually support a renewables connection, reducing the risk of sites being allocated in places that were never deliverable.
Substantial weight for renewables, not just significant
This is the headline change. The new NPPF requires decision-makers to give “substantial weight” to the benefits of renewable and low-carbon energy schemes – a noticeably higher bar in planning terms than the previous requirement of “significant weight”.
This brings the framework closer in line with the National Policy Statements that already apply to larger energy infrastructure and, in practice, should make it harder for LPAs to refuse well-located renewable schemes on the basis of moderate, everyday objections.
When benefits have to be weighed so heavily in a developer's favour, marginal harms are far less likely to tip the balance against consent.
No need to prove an overall need for renewables
Policy W3 in the framework confirms that renewable or low-carbon energy schemes don't have to demonstrate an overall need for the energy the project will generate. This removes a hurdle that has, in the past, added cost, delay and an extra layer of argument to applications that should really be judged on their site-specific merits.
With the UK's transition to clean power meaning additional renewable capacity is needed pretty much everywhere, requiring individual applicants to justify that need case by case made little sense.
Developers should still expect scrutiny of a scheme's design and impacts, but the "why do we need this at all" question should now carry far less weight in decision-making.
Dated local plans carry limited weight against national energy strategy
Where a local plan has fallen behind the times or pulls in a different direction to national energy policy, it will now carry only limited weight in decisions.
This is a significant shift that many LPAs will need to react quickly to, given how many local plans are ageing or currently under review, with out-of-date or unsympathetic policies less likely to stand in the way of otherwise well-considered renewable energy proposals.
If you've previously shelved a project because a local plan looked hostile to renewables, it may be worth taking another look, particularly if that plan hasn't been updated recently.
Giving new life to existing renewable projects get a boost
Life-extension and repowering of existing renewable energy sites – for example, replacing older wind turbines with more efficient models, or extending the operational life of an existing solar farm – now attract substantial weight in decision-making under the new NPPF, matching the treatment given to new schemes.
This is a welcome recognition to the early adopters that have been pushing the renewable energy efforts, making efficient use of existing grid connections and established locations. This change should also make it considerably easier to bring forward the next generation of technology on sites that have already proven themselves.
The bigger picture
Taken together, these changes represent one of the clearest national statements of policy support renewables have ever had. None of this removes the need for careful site selection, robust environmental assessment or thoughtful community engagement, but the planning balance has genuinely shifted in favour of clean energy development.
For those with live applications, sites under option, or projects that stalled under the old framework, now is a sensible time to revisit them.
Thrings’ Planning and Environment lawyers have extensive experience in navigating complex local and national planning policy legislation and has successfully supported developers and local authorities through the approval and appeal processes. To find out more and for advice on your development proposals, please do get in touch.