Transcript PV-Domsys

Sandra Hayes
Senior Project Manager
Planning Issues
NEF Renewables
A Department of The National Energy Foundation
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The Purpose of the Planning
System
• To regulate the development and use of
land in the public interest.
• To reconcile the demand for development
and the protection of the environment.
• To contribute to the Government’s strategy
for sustainable development.
(PPG 1 General Policy Principles,
Paragraph 39, 1997)
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The Planning Decision
• If planning permission is required, the
following steps are necessary:• Consider the views from other government
departments and other bodies, including the
general public.
• Consider government policies, as expressed in
Planning Policy Guidance (PPGs).
• Take into account the provisions of the
development plan – s54A ‘the determination shall
be in accordance with the development plan
unless material considerations indicate otherwise.’
• Material considerations (including subsequent
national policy statements or changes in local
circumstances).
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National Planning Policy
• PPG (Planning Policy Guidance) Note 22
issued in 1993 relates to Renewable
Energy.
• Paragraph 20 states:– In planning for the use of land by energygenerating installations, the Government’s
general aims are:
• (a) to ensure that society’s needs for energy are
satisfied, consistent with protecting the local and
global environment.
• (b) to ensure that any environmental damage or
loss of amenity caused by energy supply and
ancillary activities is minimised; and
• (c) to prevent unnecessary sterilisation of energy
resources.
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Annexes to PPG22
• Include a detailed Annex on Wind
Energy.
• Further Annexes (as PPG 22A) were
added in October 1994 relating to
energy from waste combustion,
hydro power, wood fuel, anaerobic
digestion, landfill gas and active
solar systems.
• New Annex on PV published April 02
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Annex on Wind Energy (1)
• The most detailed of the Annexes
• Divided into two sections
– The technology, encompassing wind
turbine characteristics; wind farms; grid
connection; sitting; and degree of
disturbance.
– The planning implications incorporating
such issues as proximity to power lines,
airports, roads and railways, shadow
flicker, noise, electromagnetic
interference, siting and landscape
amongst others.
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Annex on Wind Energy (2)
• Paragraph 59 states Local Planning
Authorities must always weigh the
desirability of exploiting a clean,
renewable energy source against the
visual impact on the landscape of
wind turbines.’
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Annex on Wind Energy (3)
• Annex gives no indication of how the balance
between development and protecting the
environment should be struck.
• Emphasis very much on local issues and
implications, with little or no reference to national
policies or objectives.
• Conflicting decisions on whether national need for
renewable energy can outweigh visual impact.
• The fact that there are alternative sites can be used
as a reason for non-development.
• Small amount of energy produced as against fossil
fuel plants has also been used as a reason for
refusal.
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Wind Power Progress through
the Planning System
• First quarter 2003 totals for wind power
consent equal 567MW of new capacity
from 10 projects. This compares
favourably with approvals gained in
previous years:
Year
Refused (MW)
Approved (MW)
2000
60.675
78.68
2001
89.29
157.4
2002
122.65
621.12
2003 1st Q
22.9
567.25
(Reference BWEA – www.bwea.com/planning/1Qbriefing.html)
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Annex on Photovoltaics (April
2002)
• On new buildings, the consideration for the
planning authority (lpa) is the visual
impact.
• On existing buildings, the lpa has to decide
if the PV array would be a material
alteration of the external appearance of
the building. Even if it is a material
alteration a planning application may not
be required as there may be a ‘permitted
development right’.
• Special provisions relate to listed buildings,
conservation areas, National Parks etc.
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PPG 11- Regional Planning
• Regional assessments have been
undertaken to determine how each
Government Region can contribute toward
Government’s target of 10% of electricity
from renewable energy by 2010.
• PPG 11 sets out role of RPG in assisting
with delivery of these targets by ‘defining
broad locations for renewable energy
development and setting criteria to help
local planning authorities select suitable
sites in their plans.’
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Regional Targets
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Region
Low(TWh)
%
High (TWh)
East of England
East Midlands
London
North East
North West
South East
South West
West Midlands
Yorkshire & Humber
Scotland
Wales
Total RO
4.3
1.8
0.2
0.9
2.8
1.4
1.2
2.5
1.2
3.6
1.3
21.3
13.3
5.6
0.7
2.7
8.6
4.4
3.7
7.7
3.8
11.1
4.2
66
4.3
2.0
0.6
2.0
3.2
3.3
2.5
2.9
3.6
3.6
4.4
32.3
NEF Renewables
%
13.3
6.1
1.9
6.3
9.7
10.1
7.8
8.9
11
11.1
13.4
100
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The Energy White Paper (1)
• Planning identified as one of the big
obstacles to new renewables.
• New PPS 22 to be published for
consultation – due before Parliament rises
in July 03 (with a view to bringing out a
new version by the end of the year).
• Internal review of PPG 7 on planning in the
Countryside.
• Separate guide on best practice also to be
published to give guidance to local
authorities and developers.
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The Energy White Paper (2)
• Also proposes consultation on new regional
level strategic approach to energy issues
which will incorporate regional targets.
• The Office of the Deputy Prime Minister to
look at bringing the use of renewables and
energy efficiency in developments more
within the scope of the planning system.
• Government to look at planning statistics
for renewables.
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Types of Development Plan
• The main types are:
– Structure Plans – prepared by County
Councils
– Local Plans – prepared by District
Councils
– Unitary Plans – prepared by Unitary
Authorities. Divided into two parts –
Part I that is the equivalent of a
structure plan and Part II that provides
a detailed local plan for the district.
– National Parks also prepare their own
Plans
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Dover District Council Local
Plan Adopted 2002
• Chapter 7 on Environmental
Resources includes policy on
renewable energy.
• Details each type of renewable
energy, including wind resource
map.
• Chapter 8 includes policies on
energy use.
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Policy ER1
Proposals for the development of energy
from renewable resources will be
permitted provided that:– The benefits of renewable energy generation
outweigh any adverse impacts;
– Waste combustion development is located on
land identified for development within Use Class
B2; and
– Where practicable, they are located in close
proximity to the existing electricity distribution
infrastructure.
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Policy DD2
“Permission for the installation of
solar panels will be granted provided
that the proposal does not result in a
change in the appearance of the
property which is detrimental to its
character or the character of the
surrounding area.”
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East Herts Local Plan – Second
Review (Deposit Version)
• SD2 (New Policy) Renewable Energy
The District Council supports, in
principle, the development of
facilities for both:
(a) commercial renewable energy
generation; and
(b) small scale local renewable
energy generation.
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SD3 (New Policy) Energy
Statements
• (I) Planning applications for one or more
dwellings, or other forms of development
of greater than 100 sq.m gross floorspace,
will be expected to be accompanied by the
submission of an ‘Energy Statement’. This
Statement should include a comprehensive
report of the efforts made by the applicant
to incorporate layouts and designs which
exploit the potential for both renewable
energy and energy efficiency.
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SD3 Continued
• (II) Planning permission will be
refused if the Energy Statement is
not submitted or is not satisfactory.
• (III) An Energy Statement can be
submitted with an outline planning
application.
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Planning and Compulsory
Purchase Bill Dec 02
• Removal of Structure Plans, leaving a two
tier system of Local and Regional plans
(Regional Spatial Strategies).
• Duty on local planning authorities to
prepare a statement of community
involvement.
• Statutory duty for Local Development
Documents and RSS to contribute to
sustainable development.
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Planning Conditions
• Planning authority is entitled to grant
permission ‘subject to such conditions as
they think fit’ (s70(1)(a) Town and
Country Planning Act 1990, but the
following test have to be applied before
conditions can be imposed:
– 2. Is it relevant to planning?
– 1. Is it necessary in relation to the development
proposed?
– 3. Is it relevant to the development proposed?
– 4. Is it enforceable?
– 5. Is it precise?
– 6. Is it reasonable?
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Planning Obligations (s106
Agreements)
• S106 provides that any person interested
in land in the area of the local planning
authority may, by agreement or otherwise,
enter into an obligation:
– (a) restricting the development or use of land in
any specified way;
– (b) requiring specific operations or activities to
be carried out in, on, under or over land
– (c) requiring the land to be used in a specific
way; or
– (d) requiring a sum or sums to be paid to the
authority on a specified date or dates or
periodically
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Supplementary Planning
Guidance (SPG)
• Used to provide detail on specific issues
not in the development plan. Should not
contradict development plan or introduce
new policy.
• It does not go through the same
consultation process as development plans
and consequently carries less weight.
• SPG may be taken into account as a
material consideration.
• The ethos behind the publication of SPG is
to bridge the gap between development
plan and planning application.
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Newark and Sherwood District
Council’s SPG on Wind Energy
• Originally drafted as a reaction to a
specific application from the Hockerton
Housing Project.
• National and local guidance was
considered not to be sufficient to deal
fairly with the application.
• Contains 3 specific policies on wind:
• W1 Wind in the countryside
• W2 The impact of wind turbines on wildlife and
human heritage designations
• W3 Wind turbines associated with existing or
proposed employment development.
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Policy W1: Wind Turbines in
the Countryside
• ‘Planning permission will be granted for
wind turbines in the countryside where:
• The environmental impacts of noise generation,
shadow flicker and electromagnetic disturbance
are acceptable;
• The individual or cumulative effect of turbines in
the countryside do not create an unacceptable
visual impact on the landscape; and
• The development achieves a net environmental
gain.’
• Copy can be downloaded from
www.nsenergyagency.co.uk/Renewables.ht
ml and
• From Local Authority Energy Advisory
Service website – www.easiest.org.uk
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The Cricklade Decision
• Planning application made by Ambient for 5.5MW
power station at Cricklade in North Wiltshire.
• Needed 32,000 tonnes of wood a year, which would
have meant 15 lorry journeys a day.
• Proposed site within Cricklade’s rural buffer zone.
• Strong local opposition. Campaigners formed an
action group – BLOT – Biomass Lumbered on our
Landscape – 400 letters in protest written.
• Planning application turned down by the Council
and the Inspector on Appeal.
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Do Politics have a Role?
• Local Authority planning officers
make a recommendation but
• The planning decision will be made
by the local planning committee
(Councillors).
• Councillors will have their own views
and they are elected.
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Town and Country Planning (General Permitted Development)
Order 1995
• Schedule 2 of the GDPO provides
details of development which can be
undertaken without the need to seek
planning permission.
• But note, a Council may have
removed some of the permitted
development rights by issuing an
Article 4 direction.
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Development within the Curtilage of Dwelling House
(Part 1)
• Class C - any other alteration to the
roof
(relevant to solar panels)
but development is not permitted
which would result in a material
alteration to the the shape of the
roof.
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Class E
• Class E – Buildings and other structures on
the land around your house incidental to
the enjoyment of the dwelling house as
such.
(relevant to small wind turbines?)
• Town and Country Planning Association
working on more specific General
Permitted Development rights for domestic
small scale renewables.
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So…..
• Will permit installation of solar water and
photovoltaic panels in the areas not
excluded.
• The DETR’s guidelines (“ Planning – A
Guide for Householders, “ Section G ) says
“ you do not need to apply for permission
for the installation of solar panels which do
not project significantly beyond the roof
slope.”
• Copy available at
www.planning.dtlr.gov.uk/householders/gui
de.htm#bml or 0870 122 6236
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What is ‘significant’?
• Case in January 02 in which
Inspector on behalf of Purbeck
District Council held the
Development was not permitted
under Class C because it was held
that the panels materially altered
the shape of the roof (the projection
was between 8 and 12cm). Two out
of three panels had to be removed.
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So the moral is…..
• Speak to the local planning office
before installing any solar panels,
but
• The response might be make a
planning application!
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Major Infrastructure Projects
• Under Section 36 of the 1989
Electricity Act, proposals for power
stations above 50 megawatts
capacity fall to be determined by the
DTI, who are required to call a Public
Inquiry if a local planning authority
objects, and may do so if there are
other relevant reasons.
• Plans to streamline Public Enquiry
process in the Energy White Paper
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Cefn Croes Ceredigion
• A development of 39 turbines up to 100m
high with a proposed output of 50MW plus.
• First wind power scheme to be decided by
the DTI
• Local Councillors did not register an
objection.
• Therefore no automatic entitlement to an
Public enquiry. Although there were of
objections from six conservation bodies,
the Secretary of State did not use her
discretionary powers to call an Inquiry and
permission was granted on 23/5/02.
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Contact Details
Sandra Hayes
Project Manager
National Energy Foundation
Davy Avenue
Knowlhill
Milton Keynes
MK5 8NG
Telephone 01908 665555
E-mail: [email protected]
www.greenenergy.org.uk
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