greenhouse gas emissions by 80% by 2050 • 15% of energy demand to be met from renewable sources by 2020 • Suggestion to move to 30% by 2030 Regional Targets • Although RSS’s are set to be abolished (majority still in force) and the evidence base that underpins them will remain relevant
Local Plan Policies, LDF, Emerging Policies • Regional Spatial Strategy (where extant) • National Planning Policy Framework (NPPF) Material Considerations • Companion Guide to PPS22 • National Policy Statement for Energy (EN-1) • National Policy Statement for Renewable Energy Infrastructure (EN-3)
a presumption in favour of Sustainable Development • Identifies economic, social and environmental policies for England • NPPF over-ride if Local Policies are out-of-date / inconsistent NPPF and Renewable Energy • Renewable definition: ‘those energy flows that occur naturally and repeatedly in the environment – from the wind, the fall of water, the movement of the oceans, from the sun, and also from biomass and deep geothermal heat’ Assumptions • no requirement to demonstrate the need for renewable or low carbon energy • small-scale projects provide a valuable contribution to cutting emissions • Approval if the impacts are (or can be made) acceptable The NPPF
places • local and neighbourhood planning at the forefront • overriding aim to stimulate growth and address climate change • ‘Sustainable Development’ is integrated into all objectives • plans required to objectively assess need and be based on robust evidence • encouragement of pre-applications • LA’s to be pro-active in solutions, not problems • foster delivery and not hinder/prevent development • maintain the protection of green space, Green Belt, AONBs etc. The NPPF
contribute to energy generation from renewable and low carbon sources’ • ‘develop a positive strategy to promote energy from renewable sources and design policies to maximise renewable development’ • ‘consider identifying suitable areas for renewables’ • ‘support community led initiatives’ • ‘identify opportunities from decentralised renewable energy schemes’ • No requirements to ‘demonstrate overall need for renewable… energy’ • ‘recognise even small scale projects provide valuable contributions to cutting greenhouse gas emissions and approve… if impacts are, (or can be made) acceptable’ The NPPF
renewable energy projects will comprise inappropriate development’ • To overcome this developers will need to demonstrate ‘very special circumstances’ which ‘may include the wider environmental benefits associated with increased production of energy from renewable sources’ • Outside ‘suitable’ locations LAs ‘should expect applications for commercial scale projects outside these areas to demonstrate that the proposed location meets the criteria used in identifying suitable areas’ The NPPF – the challenges
Green Belt and Special Landscape Area (SLA) • Refused on inappropriate development • ‘slight’ effect on openness Inspectors Comments • Substantial weight given to very special circumstances in Green Belt • On balance determined the contribution to tackling climate change outweighed inappropriateness and limited harm to openness and landscape Caselaw
180m from farm Inspectors Comments • Whilst a small contribution to national target ‘even small scale projects can make a significant contribution’ • Breaking of skyline acceptable in rural area of wide vistas and other tall, vertical features (pylons), resulting in no significant harm to character and appearance Caselaw
18 turbine wind farm on low lying marshland in the Green Belt Inspectors Comments • Golden thread of sustainable development advocated in the NPPF • Need to obtain a secure and reliable supply of electricity outweighed the harm to Green Belt openness and visual amenity through being inappropriate development • Limited harm to a nearby hill fort Caselaw
from Waste electricity generating station challenged compatibility with the NPPF's focus on sustainable development Inspectors Comments • NPSs articulation of the urgent national need for an increase in renewable energy, and the role of waste combustion to meet need • Query whether transportation of waste for incineration is NPPF compatible • Appropriate to impose a condition requiring the company to keep under review the opportunities for using non road modes of transport for fuel deliveries, particularly over distances greater than 70 miles • Emphasis in para17 of the NPPF on the transition to a low carbon economy Caselaw
panels on the front roof slope of dwelling on a small estate forming the setting of a Grade II* listed manor Inspectors Comments • Considered care had been taken by the designer to ensure that the new buildings were sympathetic to the local character • Agreed sat somewhat uneasily with the quality and finish of the dwellings resulting in some harm • Slight harm to the street scene outweighed by the contribution to renewable energy generation (albeit small scale) • Installations were becoming a common feature of residential neighbourhoods, and he judged that the harm was slight • Microgeneration PD, post-dating the removal of PD rights illustrated a material change of circumstance which had an important bearing Caselaw
125m) and anemometer mast in open countryside adjacent AONB Inspectors Comments • Concluded visual impact can be mitigated by screening • Potential harm to residential amenity significantly outweighed by the environmental & economic benefits and NPPF renewable targets • Significant shortfall against national and local targets Caselaw
Inspectors Comments • Developer had carefully considered and demonstrated that a reduced number of turbines was more appropriate (previous refusal) • Accepted local landscape had changed over time, including the construction of a motorway and electricity pylons • Sixth turbine would physically dominate and overpower the heritage assets and while the impact would be less than substantial, would cause great harm • Balancing, concluded that the NPPF continued to place a substantial emphasis on sustainable development of which energy production was a significant element • Recognised individual communities need to play their role in securing renewable energy while ensuring impacts satisfactorily addressed • Limited lifespan Caselaw
above ground level to supply power to a water treatment works in the Green Belt Inspectors Comments • Elements of renewable energy projects comprising inappropriate Green Belt development, where very special circumstances required • Impact would be similar to open storage on site and would not give rise to any material loss of openness • Scheme resulted from appellant seeking to reduce carbon footprint, which Council considered to be of limited benefit • Referred that LAs should recognise that even small scale projects provided a valuable contribution to cutting gas emissions • Considerable weight given to the delivery of renewable and low carbon energy, and thus very special circumstances existed Caselaw
Over 12,000 solar photovoltaic panels in fields at a farm • Fields currently supported rough grassland, weeds and scrub Inspectors Comments • Rejected on the basis of Green Belt harm • Alongside main parties acknowledged proposal should be regarded as inappropriate development • Extensive area of land would be covered with above-ground panels, and intrude into the undeveloped landform and cause a loss of openness to the Green Belt • Fence would compound the perception of the loss of openness, and represent encroachment • Moderate harm to the openness and purposes of the Green Belt, forming an extensive incongruous feature which would detract significantly from the unspoilt rural character of the landscape • Considered that the benefits of the proposal did not clearly outweigh the totality of harm
wind turbine at farm within sparsely populated landscape character area in AONB and Heritage Coast Inspectors Comments • Requirement for clear benefits to be demonstrated over harm to AONB • Proposal would be tallest feature within the coastal strip, being small but uncharacteristic in an unspoilt landscape • Detracted from Heritage Coast and AONB and harmful in views from public footpath • Introducing a modern, alien form into a traditional setting • Farm diversification and renewable energy benefits not outweigh
rows of ground mounted photovoltaics in field adjacent house Inspectors Comments • Would detract from the rural character of the Green Belt • NPPF did not identify development as one of the exceptions • Stark and utilitarian appearance of the panels would detract from the character and appearance of the area • Contrary to the aims of the NPPF which recognised the intrinsic character and beauty of the countryside • Acknowledged development would contribute to renewable energy production which would provide some wider environmental benefits but decided harm to the Green Belt was not outweighed
x 34m wind turbines near farmstead and mill in Heritage Coast countryside, 870m from National Park Inspectors Comments • Large utilitarian structures with moving blades in an attractive coastal setting • Impaired the character and quality of the local landscape and public views from The Cleveland Way and adjacent National Park • Weight given to substantial contribution to renewable energy and lack of harm to nearby ecology • On balance, harm to area character and appearance and distinctive landscape not outweighed • Noted local objection by letter and petition and although aim of NPPF to strengthen local decision making, local opposition by itself not a ground for refusal
to: • Find solutions rather than problems • Greater transparency & public participation • Decisions have to be made in the context of competing policies as well as conflicting public opinion • NPPF prevents challenge on need • Degree of harm in many cases needs to informed by technical assessment • Still a judgement, but the NPPF provides a greater level of support for renewable development
Every site and project is different; there is no one rule fits all • Within the open countryside, Green Belt, special circumstances must be provided • Engagement with the local community is key • Policy is generally favourable • Justification of ‘very special circumstances’ – tie to local, regional and national targets
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