Wind RushWind Rush
Wind Rush Files
No 5 Planning
Last updated April 2008
The relevant section of The Case Against Windfarms can be found at www.countryguardian.net/Case Planning.htm . That section also provides links to material useful to windfarm objectors.
In this Wind Rush file we provide links to up-to-date material on Government legislation, and actual cases, basically in date order, starting with the most recent.
1. Pre-determination by Councillors.
Pre-determination is where a councillor in a position to approve or reject a planning application (egg for a windfarm) has a predisposition to accept or reject the application. The rules are complex and different laws apply in different court/tribunals. The following documents are available on the Country Guardian website:
2. 12 2 2007 Extract from communication from Scottish Government.
* Review of on-shore windfarm policies
Macroberts and Enviros Ltd have been appointed for a 12 month period to assist planning authorities
with the task of reviewing and if necessary amending existing policies on on-shore windfarms in line with SPP6: Renewable Energy.
In the near future the consultant team will be approaching individual officers within local authorities with responsibility for the policy area.
The provision of the additional support reflects both the urgency being placed on the need for an up-to-date policy framework for the
consideration of windfarm applications and an understanding that authorities already face the challenge of delivering a modernised planning system.
The consultant team bring a wide range of experience and knowledge to the task. They will be assisting planning authorities by running
workshops, answering general and specific enquiries and critiquing documents during their preparation. The consultants will be encouraging
planning authorities to work collaboratively, particularly for the elements of the work where issues cross administrative boundaries.
By Fiona Harvey and Rebecca Bream
Published: February 5 2008 02:00
The UK's plans to ease the building of new wind farms will do little to encourage new turbines to be built to meet the government's exacting renewable energy targets, according to the renewable energy industry.
The bill currently before parliament is intended to streamline the process of granting planning permission to large wind farm sites by referring them to the UK 's new Independent Planning Commission.
But the British Wind Energy Association told the Financial Times that the measure was "too late, too weak" and aimed at the wrong target.
"The irony is it will not help," said Gordon Edge, director of economics and markets at the BWEA. "The measures will not be implemented until 2009, it will take a while to get the Commission up and running, and it only applies to large wind farms over 50 megawatts."
Mr Edge said the combination of these factors would leave a large backlog of proposed wind farms still stuck in the planning system. The BWEA calculates that there are 2.4 gigawatts of wind power capacity in the UK at present, enough to power 1.3m homes. But there is more than 9GW of new capacity stuck in the planning process.
A Financial Times analysis of the wind market has found that large subsidies from the electricity consumer to wind farms were failing to encourage new construction because of planning system delays. Last year, according to the BWEA, just 427MW of generating capacity was built, down from 631MW in 2006.
Most new applications are likely to be for smaller windfarms, Mr Edge says, because so many of the best sites for large farms are already taken up by projects in planning. Proposals for small wind farms are handled by local authorities, however, meaning the government's proposed new planning commission is unlikely to speed up the planning process.
The UK must expand the proportion of its electricity supply coming from renewables eight-fold by 2020, under proposals by the European Commission, so that it derives 40 per cent of its electricity from renewable sources such as wind.
Wind has seen a surge of investment as one of the most mature and cheapest renewable technologies, but many investors have been frustrated by the planning system.
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Financial Times www.ft.com < http://www.ft.com>
By Fiona Harvey and Rebecca Bream
Published: February 5 2008 02:00
Published: February 5 2008 02:00 | Last updated: February 5 2008 02:00
Can too much of a good thing be bad? Consider wind power. The generous subsidies paid by electricity users to fund a drive towards renewable energy have boosted the profits of wind farm owners. But they have not produced many more turbines. Now utilities are snapping up the farms to make fast returns. If wind power can compete without subsidies, it should no longer benefit from them. However, the problem is not the size of the handouts. Rather, it is the constraints imposed by a cumbersome planning system.
If Britain is to meet ambitious EU targets to supply 15 per cent of its total energy demand with renewables by 2020, it cannot ignore wind power. The UK 's geography means it commands about 40 per cent of Europe 's wind resource, making it an ideal site for turbines. If onshore wind is becoming commercially viable then that is welcome. That, after all, is the purpose of the "renewables obligation" on electricity firms.
It may be that the renewables subsidy benefits onshore wind disproportionately. But changes can be made to how the subsidy works. The value of renewable certificates that power companies buy could be adjusted to favour less viable alternative energy sources. To scrap the subsidy altogether would be wrong though. Without it, there would be no wind farms at all.
The renewables obligation is more costly than other policies aimed at improving energy efficiency. But alternative forms of subsidy would not necessarily lead to any more turbines being built. In fact, they might pose other problems. For example, the direct cost to the taxpayer of a complete switch to capital allowances could make them politically unpalatable. A broader emissions-based carbon tax has merit but may also draw fire.
One reason, moreover, why wind power is profitable is that power prices are high. They could fall. The volatility of energy markets means investors need regulatory stability.
The main obstacle to new turbines, and the reason why wind seems excessively profitable, is the difficulty in winning planning consent for new projects. Local objections tie up applications for years and put a brake on construction. The result is not enough renewable certificates for power firms to meet their sourcing obligations, forcing them to pay penalties.
By failing to reform planning, the government has subsidised demand for wind power only to restrict its supply. Its proposals to streamline planning laws fall short because they will not cover the smaller farms seen as the engine of progress. Until they do, wind's potential will remain unharnessed.
6.5/02.2008. The Government has published amendments to PSS1, which relates to construction. There is some reference to wind turbines
http://www.communities.gov.uk/publications/planningandbuilding/ppsclimatechange
Planning Policy Statement: Planning and Climate Change - Supplement to Planning Policy Statement 1
Summary
Planning and Climate Change sets out how planning, in providing for the new homes, jobs and infrastructure needed by communities, should help shape places with lower carbon emissions and resilient to the climate change now accepted as inevitable.
An investigation into the techniques and methodology used in windfarm computer visualisations
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THE INTRODUCTION
Due to the growing and real threat of global warming, whatever the cause, the world is facing a major change in how we generate and use energy. Renewables will have to form a major part of this change. There is now much debate about the use of wind energy as one of the main sources of generation, and it is the target of the Scottish Executive, for example, to achieve energy from 20% renewables by 2020. An admirable policy, but is there any need for our Government to allow this to be achieved by questionable means? Whilst we may have seen wind turbines on the landscape throughout various parts of Britain , planning applications are now being lodged for a new generation of super-turbines. These turbines are in excess of 400 feet, and already, an application is in the pipeline for 500 feet turbines. So do we really know their true scale and their effect on our landscape? And how can we reasonably assess this?
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This report is available on www.countryguardian.net /Visual-Issue.pdf |
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8. CPRE Planning Bill Action Plan
The Planning Bill Explained
CPRE is very worried about a number of the proposals in the Planning Bill. Here, we outline the background to the Bill and our main concerns.
Background
The Government published a Planning Bill on 27 November 2007 , and the Bill is now going through the House of Commons. The content of this was anticipated in the White Paper Planning for a Sustainable Future, on which consultation closed in August 2007.
Like the Planning White Paper, the Planning Bill reiterates the view that the current planning system is a major obstacle to development. CPRE welcomes the limited movement made by the Government between the Planning White Paper and the Planning Bill in response to issues highlighted by us, our supporters and others. However, despite references to environmental protection, climate change and quality of life, we remain deeply concerned that the planning reform proposals could cause environmental damage. We are also worried they will diminish the involvement of individuals and communities in the planning system.
Read the whole document (18 pages) at www.countryguardian.net/CPRE Planning Bill Action Pack.pdf
9. Northumberland - Challenge to wind farm scheme
Published Date: 27 December 2007
Source: Northumberland Gazette
http://www.northumberlandgazette.co.uk/news/Challenge-to-wind-farm-scheme.3620931.jp
By JACLYN CURRY < mailto:jaclyn.curry@northeast-press.co.uk>
THE company behind plans to build a wind farm north of Alnwick has launched a legal challenge that could cost taxpayers £75,000.
npower renewables has lodged a formal claim in the High Court seeking an order that a planning policy or Alnwick Core Strategy Development Plan Document be quashed and the council pay its legal costs in the proceedings.
A public inquiry into the proposals for 18 turbines at Middlemoor, near North Charlton , finished last month.
Coun. John Taylor, who spoke out against the plans at the inquiry, branded it a David versus Goliath battle.
Policy S21 of the Core Strategy sets out the council's planning policy in relation to renewable energy development and is a material consideration to be taken into account by The Secretary of State when determining the application.
npower believes the policy is unworkable and out of line with regional and national policies.
The strategy was found to be sound after an Examination in Public in July.
In a letter to members, Anthony Farrell, head of legal and democratic services at the council, said: "The implications of this High Court challenge are potentially very serious for the council with this policy, and possibly, the whole core strategy itself being under threat of being quashed.
"The cost implications are also significant in that it has been estimated that if the council lose the High Court case it could be liable for payment of legal costs in excess of £75,000."
Coun Taylor said: "It is interesting that they are challenging this document which has already been passed by a government inspector.
"These guys have got huge budgets to play with and are responsible for no one but their shareholders.
"The council is responsible to the taxpayers."
npower renewables' regional development manager Clare Wilson said: "npower renewables has made this challenge because the policy as it stands is unworkable and
would frustrate wind farm development across the entire Alnwick district.
"This is out of line with national and regional policy and not a sustainable position given the urgent need to tackle climate change."
It could be some months before we receive an allocated time slot for the High Court hearing in London .
The full article contains 370 words and appears in Northumberland Gazette newspaper.
Last Updated: 27 December 2007 12:50 PM
10. Scottish Government hopes it can cut the planning process by more that half
http://www.scotland.gov.uk/News/Releases/2007/12/06144432
Renewable energy developments
07/12/2007
Decisions on renewable energy developments should be speeded up, Energy Minister Jim Mather said last night.
Working with the industry, the Scottish Government is looking at setting a target of nine months for new energy applications to be determined, where there is no public inquiry.
Speaking at the Green Energy Awards last night, Energy Minister Jim Mather said:
"Our commitment to renewable energy and sustainable economic growth is beyond question. We substantially increased Scotland 's renewable electricity target to provide 50 per cent of Scottish energy demand from renewables by 2020, with an interim milestone of 31 per cent by 2011.
"These targets send a clear signal about the scale of our renewables ambitions. The message is we need more renewables but not at any price - the best applications are those that take care to resolve environmental and planning concerns in advance.
"Ministers are dealing with applications without unnecessary delay but we must continue to look for improvements in our consents procedures. Working with the industry, our aim is to make decisions more quickly by improving the quality of applications, introducing more certainty about turnaround times and ensuring that more robust procedures are implemented. I believe we can work to an objective of having applications being determined within nine months where there is no public inquiry and I will be discussing with the Forum for Renewable Energy next week."
Applications are subject to comment by planning authorities, who have up to four months to comment, environmental bodies and other bodies such as aviation authorities who will be affected by a development. The application is advertised in the local area and public representations are fully taken into account.
The current average time for determining applications is two years. By introducing a target time of nine months - where there is no public local inquiry - Ministers are keen to ensure that the various consultation processes are completed as quickly as is possible while ensuring that all parties have the opportunity to make representations.
A number of other innovations are being introduced to improve the quality of applications, including new scoping guidance which will give applicants a clear steer on the issues they have to tackle in their application before it is submitted
Page updated: Thursday, December 6, 2007
11. “Community Benefits”. Some investigations by eminent Welsh objector.
TAN 8 (the Welsh advice document on planning for renewables ) says that: -
If "community benefits" are offered by windpower developers "It must be clear that the provision of benefits is on a purely voluntary basis with no connection to the planning application process" and "the important point here is that, as such offers are not necessary for the development to proceed, they must not impact upon the decision-making." (Annex B. 2.4)
You may be interested to know here is a substantial report issued under the aegis of BERR concerning "community benefits" : -
Delivering Community Benefits from Wind Energy Development: A Toolkit
A report for the Renewables Advisory Board and DTI MAY 2007
http://www.berr.gov.uk/files/file38710.pdf
Section 4, Community benefits and the planning process, has this to say: -
"There is a strict principle in the planning systems in all parts of the UK that a decision about a particular planning proposal should be based on planning issues; it should not be influenced by additional payments or contributions offered by a developer which are not linked to making the proposal acceptable in planning terms. Current planning legislation also prevents local planning authorities from specifically seeking developer contributions where they are not considered necessary to make the proposal acceptable in planning terms. This is to ensure that unacceptable development is never permitted because of unrelated benefits being offered by the
applicant. To put it simply, planning permission can not be 'bought'."
Delivering Community Benefits from Wind Energy Development: A Toolkit
A report for the Renewables Advisory Board and DTI MAY 2007
http://www.berr.gov.uk/files/file38710.pdf
Section 4, Community benefits and the planning process, has this to say: -
"There is a strict principle in the planning systems in all parts of the UK that a decision about a particular planning proposal should be based on planning issues; it should not be influenced by additional payments or contributions offered by a developer which are not linked to making the proposal acceptable in planning terms. Current planning legislation also prevents local planning authorities from specifically seeking developer contributions where they are not considered necessary to make the proposal acceptable in planning terms. This is to ensure that unacceptable development is never permitted because of unrelated benefits being offered by the
applicant. To put it simply, planning permission can not be 'bought'."
Forget windfarms for a minute. I once built a house in the Vale of Glamorgan, on the site of a derelict cottage. I went to see the village school headmaster (having little ones at the time) and I contacted the clerk to the parish council to suss-out local feeling. I also discussed the planning requirements with the then RDC's planners. In passing I found that my future neighbour (farmer) was a county councillor and that the headmaster was chairman of the parish council!
Not being rich or corrupt I did not make any offers of "benefits" but I could have. I could have said to headmaster that I would refurbish a classroom. I could have said to the parish clerk "If I come to live here I shall make a gift to the school."
Had I done so, would it have been legal?
Had I put the offer in the local newspaper before making my application would that have been legal?
Had county councillors known of my intention and supported my application, would that have been legal?
Offers of community benefits by windpower developers almost always appear in the local press prior to lodging of an application' How can this not influence the planning process?
See attached letter - published in N. Wales Daily Post.
The BERR report also says - very worryingly: -
"While not yet tested in public inquiry or the courts it is possible that the status of such benefits may, in time, change as a consequence of a change in planning policy. Such policy could advise that, in giving weight to the "wider benefits" of wind energy projects in planning decisions, Local Planning Authorities could take into account community benefits."
So when this comes to pass, planning permissions can be bough? As if they are not already.
I have said before - "they" - the developers and politicians are freely running rings around us and nothing that we do seems to trip them, or deflect them from the single objective which is enough wind turbines to meet some quite spurious and futile "target" - specified by installed capacity, not by fuel or CO2 saved.
The BERR report also says - very worryingly: -
"While not yet tested in public inquiry or the courts it is possible that the status of such benefits may, in time, change as a consequence of a change in planning policy. Such policy could advise that, in giving weight to the "wider benefits" of wind energy projects in planning decisions, Local Planning Authorities could take into account community benefits."
So when this comes to pass, planning permissions can be bought? As if they are not already.
I have said before - "they" - the developers and politicians are freely running rings around us and nothing that we do seems to trip them, or deflect them from the single objective which is enough wind turbines to meet some quite spurious and futile "target" - specified by installed capacity, not by fuel or CO2 saved.
12. Green Energy Supply
Business runs out of green energy supply Guardian Unlimited - UK
Earlier this year The Observer revealed that wind energy projects which could supply one in six British homes were stuck in the planning system. ...
See all stories on this topic
< http://www.guardian.co.uk/Guardian/environment/2007/dec/09/renewableenergy.windpower>