The revised NPPF states that planning authorities should give “significant weight to the benefits associated with renewable and low carbon energy generation and the proposal's contribution to a net zero future” when determining applications.
Another change strikes out a provision added to the NPPF by the previous Government, which gave spurious grounds for local authorities to refuse consent for solar farms by presenting them as a threat to food production. Earlier this year, in the summer, both the National Farmers Union and Energy Secretary Ed Miliband dismissed such mistaken fears about food security.
The revisions make the NPPF more consistent with National Policy Statements (NPSs) which govern Nationally Significant Infrastructure Projects (NSIPs). NPS EN-3 declares them to be “critical national priority” infrastructure, adding that their “national security, economic, commercial and net zero benefits” should generally outweigh any impacts.
“This is a package of reforms that should power up the solar market, moving the dial further towards decarbonisation and lower energy bills,” said Chris Hewett, Chief Executive of Solar Energy UK. “Inserting further provisions on defining the 'grey belt' should also be helpful.”
The Government has also changed the capacity threshold for NSIPs, which are considered in Whitehall rather than at a local level. Only solar farms over 100 megawatts in capacity will now have to be referred to central Government for determination. Until yesterday, the limit was 50 MW, above which they would be considered as NSIPs.
The decision was made “primarily due to a higher threshold better reflecting the technological advances in solar technology since 2008, when the original threshold was set. Solar projects at the current threshold of 50 MW are therefore unlikely to be of a scale, impact or complexity that is proportionate to using the Nationally Significant Infrastructure Project process” says the Government's response to consultation on the guidance.
The former 50 MW ceiling acted as an artificial cap, discouraging solar projects being put forward just over the limit. Not a single one has been proposed between 50 MW and 99.9 MW in England, due to the extra time and resources of the NSIP regime, whereas there are 174 either built or in the pipeline at 49.9 MW. This has led to opportunities being missed, slowing the pace of decarbonizing the grid and limiting investment.
However, the NSIP system does present certain advantages over the Town and Country Planning Act (TCPA). How NSIP applications are handled tends to be clearer and decisions tend to be more closely aligned to national policy. In the past, refusals under the TCPA, have led to numerous successful appeals, due to inconsistencies in decision making, which have delayed projects and led to unnecessary public and private expenditure. These changes to the NPPF should reduce such obstacles.
“Given the pros and cons, I think the solar industry will be happy to settle for a 100 MW ceiling, less radical than the 150 MW threshold that a consultation suggested in the summer” added Mr Hewett. “Given that a bigger concern has been chronic under-resourcing of planning officers, we are very pleased to see the pledge to allocate £100 million to councils' planning departments, which should make a real difference to decision-making times.”
Transitional arrangements will be in place for a year, allowing projects between 50 and 100MW to be considered under the TCPA or under the Planning Act 2008 as an NSIP, according to the choice of the developer.
For additional information:
