Partner Article

Unnecessary appeals scrutiny hampering renewables investment, says Bond Dickinson

With the Conservative Party rumoured to be considering a policy preventing further onshore wind farm developments, national law firm Bond Dickinson has reviewed the practice of the Communities Secretary following his intervention in the appeals process for renewable energy developments. The firm’s review of the policy, which is due to end on 10 April, reveals in six out of eight projects scrutinised by the Secretary of State since he announced the crackdown six months ago, the recommendations of the Planning Inspectorate (PINS) have been followed.

However, the extra layer of complexity in the planning process has added further delays to renewables projects, which the firm argues could increase harm to investor and developer confidence, especially in light of the recent reports of a moratorium on future onshore wind farms.

The Secretary of State announced last October 1 that he would recover more renewable energy cases in England, a process by which he scrutinises appeals himself. However, since this revision he has determined eight recovered appeals for onshore wind farm applications, of which all bar two have followed PINS’ recommendation. The firm says recovery from the Secretary of State has resulted in delay and uncertainty for developers.

Victoria Redman, Planning and infrastructure Partner at Bond Dickinson, commented: “Certainty and speed in the planning system are crucial to encourage investment in the industry and delivery of our renewable energy ambitions in order to meet our commitments to climate change reduction. The Government has issued policy and guidance to help decision makers determine applications for renewable energy developments and, given that this has been followed in all but two cases reviewed by the Communities’ Secretary, it is difficult to see how any further extension to the appeals recovery policy can be justified.”

The future of onshore wind policy has risen up the political agenda in recent days as it was widely suggested that the Prime Minister is considering a manifesto pledge to curb the number of onshore wind turbines by toughening planning laws and scrapping subsidies for onshore wind.

Victoria Redman continued: “There are strong arguments for a wide variety of renewable energy sources including onshore and offshore wind, but the overriding priorities should be to secure our future energy needs and slow down the pace of climate change. There is a real danger that continued uncertainty and mixed messages over energy policy will have an adverse effect on investment in renewables developments in this country, which would be a significant backwards step.”

Bond Dickinson’s analysis reveals that just 59 per cent of onshore wind farm planning applications received approval in 2013, compared to an 88 per cent approval rate for all English planning applications submitted in 2013. This is a reduction from the 68 per cent of onshore wind applications approved in England in 2011, and the 61 per cent in 20122.

One of the two cases where the extended recovery process ended in a decision contrary to the recommendations of PINS was a proposed scheme for four wind turbines at Poplar Farm in Sedgemoor. In late February the Secretary of State refused permission against the Inspector’s recommendation, by virtue of significant adverse impact on local landscape character, scenic quality and distinctive landscape features, limited to within 2km of the site.

The unusual decision to overturn the Inspector’s recommendation on grounds of landscape and visual impact was arrived at despite the Inspector’s report that within the 2km zone there were “many areas where, given the presence of buildings and/or mature planting, there would be no views or only very limited views of some of the turbines”.

Bond Dickinson has one of the leading energy teams in the UK, regularly advising on offshore and onshore wind, CCGT, solar, landfill gas, coalbed methane, biomass to energy from waste and carbon capture and storage projects.

This was posted in Bdaily's Members' News section by Bond Dickinson LLP .