Farm Renewable Energy Schemes: Planning Issues - Stephen Rice (Fisher German)

www.fishergerman.co.uk

RENEWABLE ENERGY SCHEMESPLANNING ISSUES

Stephen Rice BSc Hons (Agric) MRICSPartner

Fisher German LLP



PLANNING POLICYNational policies

• Planning Policy Statement 22 (PPS 22) –Renewable Energy

• Planning Policy Statement: Planning and Climate Change (PPS – PCC)

• Supplement to Planning Policy 1



IMPORTANT NATIONAL REPORTS

Renewable Energy Capacity in the Regional Spatial Strategies, July 2009 (published for Department for Communities and Local Government)

Small Scale Renewables and Low Carbon Technology Non Domestic Permitted Development Review, November 2009(published by Department for Communities and Local Government)



REGIONAL AND LOCAL PLANNING POLICIES• Regional Spatial Strategies (RSS)

• Regional plans

• Local plans

• Local Development Documents (LDD’s)



PLANNING POLICY STATEMENT 22:Renewable energy

• Sets out Government’s objectives with regard to its renewable energy policy

• Provides guidance to regional and local authorities on planning policies relating to renewable energy

• Regional Spatial Strategies and Local Development Documents should include policies relating to renewable energy



• RSS and LDD’s should contain policies designed to promote and encourage rather than restrict the development of renewable energy resources

• Should clearly set out the criteria that will be applied in assessing applications

• Policies that restrict development should not be included without sufficient reason and justification

• Regional Planning Bodies and Local Planning Authorities should not make assumptions about the technical and commercial feasibility of such schemes

PLANNING POLICY STATEMENT 22:Renewable energy – key principles



PLANNING POLICY STATEMENT 22:Renewable energy – regional targets

• Regional Planning Bodies must monitor progress with regard to achieving targets

• Fixed targets for specific technologies should not be set, given that rapid technological change may result in new sources of renewable energy



PLANNING POLICY STATEMENT 22:Local development documents

• LPA’s may include policies that require a percentage of energy to be used in new residential, commercial or industrial development to come from on site renewable sources.

• Must be a viable renewable energy installation

• Should not place undue burden on developers



• Contains very important statements relating to other development associated with renewable energy schemes

• Promotes community based renewable energy schemes associated with residential and commercial development

• Potentially provides opportunities for developers to revisit development schemes that failed, if they could be rejuvenated in association with community based renewable energy scheme

• Offers potential for farmers and landowners to work with developers to deliver development alongside a renewable energy scheme on farmers or landowners’ property

PLANNING POLICY STATEMENT:Planning and climate change



PLANNING REQUIREMENTSRequirements depend on scale of developmentLarge Scale Development

Comprehensive Detailed Planning Statement Incorporating Design and Access StatementFull Environmental Impact Assessment

Small Scale DevelopmentIf Domestic maybe possible under Permitted Development RightsIf not, may need some elements of EIA completing

Non DomesticCurrently no Permitted Development RightsLikely to require some aspects of EIA completing



ENVIRONMENTAL IMPACT ASSESSMENTSGoverned by statutory instrument 2008 No.2093The Town and Country Planning (Environmental Impact Assessment) (Amendment) (England) Regulations 2008

Came into force 1 September 2008Amended The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999



ENVIRONMENTAL IMPACT ASSESSMENT (EIA)– formal process

• Screening opinion

• Scoping opinion

• Preparation of full EIA

• Sometimes otherwise known as Environmental Statements (ES)



• Ecology• Transport• Archaeology• Landscape• Nuisance – such as light, dust and noise• Agricultural land classification• Waste

ENVIRONMENTAL IMPACT ASSESSMENT (EIA)– likely to cover



PLANNING PROBLEMS AND ISSUESDesignation of land

• Area of Outstanding Natural Beauty

• National park

• Conservation area

• Listed building

• Special Landscape Area



PLANNING PROBLEMS AND ISSUESHighways and access

• Often the most difficult to remedy

• Solution may add significantly to costs with little or no financial benefit

• Impact on Highways varies significantly with type of development scheme

• Anaerobic Digestion (AD) and biomass likely to have significant impact.

• Wind Farms – hidden problems



PLANNING PROBLEMS AND ISSUESDifferent types of scheme – different problemsOnshore wind farms

• Visual impact

• Noise

• Vibration/health impact

• Ecological

• Viability/perception



PLANNING PROBLEMS AND ISSUES

Biomass

• Visual impact

• Pollution – gases

• Highways – increase in HGV traffic

• Industrial power station

“not in my back yard”



PLANNING PROBLEMS AND ISSUESAnaerobic digestion

• Visual impact

• Highways – increase in HGV traffic

• Environmental permitting

• Utilises waste – potential pollution

• Public perception



FOREWARD PLANNING AND PREPARATIONBefore you submit

• Background research

• Consultations – planners and local community

• Listen! be co-operative not confrontational

• Design out problems and serious issues

• Involve the local community – what benefits can you offer them



FOLLOW CORRECT PROCEDURE

• Pre App discussions – involve planners• Screening and scoping opinion• Compile EIA – if required• Detailed Planning Statement – identify policies• Send draft to LPA and consultees for comment• Follow progress in detail – stay in touch!• Comment immediately on initial responses• Respond to objections immediately• Withdraw and re-submit if necessary



Stephen Rice BSc(Hons) (Agric) MRICS Fisher German LLP

01295 226297or

07918 677575email: [email protected]

website: www.fishergerman.co.uk


Farm Renewable Energy Schemes: Planning Issues - Stephen Rice (Fisher German)

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