No Change in Wind Direction Forecast

Wind energy ticks all the boxes: it is renewable, it does not contaminate, it reduces the use of fossil fuels, and it has considerable potential to create wealth. The Global Wind Energy Council has calculated that 19% of all globally generated energy can be generated from wind turbines by 2030, and up to 30% by 2050. Yet the UK is falling woefully behind other countries and policy is doing little to address this. 

Hannah McGinn is an Associate Partner in Carter Jonas’ Leeds office. Since joining last year, her role has largely concerned working on Development Consent Orders for large-scale energy and infrastructure projects, in particular wind and solar.

Net zero by 2030

As Hannah explains, ‘In the race to achieve net zero by 2030, the UK must urgently step up its use of renewables. Furthermore, we’re facing an unprecedented situation whereby households are being paid to turn off electrical devices to reduce energy use during peak times and a very real threat of black-outs.

‘At present the focus is on large-scale offshore wind and onshore solar farms rather than onshore wind turbines, particularly in England where onshore wind is not supported at present. But the reality is that we need a mix of renewables and onshore wind plays a part in that. As the war in Ukraine has highlighted food security issues, and attention has focused on retaining agricultural land for food production, wind turbines, which require a lot less land than solar farms, are ideal.’

Despite this, Government policy in England remains a road blocker. 

‘Most onshore wind turbines are in Scotland: Clyde Wind Farm in South Lanarkshire has the most (350 MW), followed by Whitelee in East Renfrewshire (322 MW) and Pen Y Cymoedd in Wales (228 MW). In fact the vast majority of the UK’s largest onshore wind farms are in Scotland and Wales.

Government policy on onshore wind

‘There is a simple reason for this: planning policy and law. Under legislation implemented by David Cameron’s Government in 2015, onshore wind turbines in England can be refused planning consent if they receive a single letter of objection from one resident, even if the community comprises hundreds of people. With developers reluctant to take such a risk, the development of onshore wind turbines (except for the repowering of existing wind turbines or in a few cases, wind turbines in industrial / commercial locations) has all but ceased in England for the last eight years. 

‘Furthermore, in England policy dictates that a developer must locate a wind turbine in an area that has been identified as part of the local plan or neighbourhood plan, as well as having evidence of community backing. In planning terms this presents a near impossibility: firstly, sites for wind turbines are rarely identified in strategic planning documents – they are identified as such at a later stage in the planning process, when a developer sees an opportunity in a particular location and there is grid capacity. Secondly ‘community backing’ for a planning application is a rarity. As most planning officers will testify, local residents rarely write letters of support. This, however, may change in the future, as one of the immediate changes that the Government proposes to make to the NPPF following consultation is to enable new methods for demonstrating local support for onshore wind development.

‘Scotland and Wales, as devolved administrations, have continued to support onshore wind in the right locations but finding suitable land in Scotland and Wales with a feasible grid connection is becoming increasingly difficult, bearing in mind as well that the greatest demand for electricity is in the Midlands and the South of England so the electricity generated needs to be distributed. Developers are increasingly looking to viable locations in England but a policy change is needed to open these areas up for development.

‘Wind farms were no more popular pre-2015. But if a community objected to a scheme, the local planning authority could still approve it on planning grounds. Of course, councillors frequently rejected proposal against officers’ advice but at least this opened up the potential of a successful appeal.’

Additionally the localised impact of wind turbines could be made acceptable through careful siting and mitigation. Wind farms typically include a community benefits package. This is a well-established, integral part of onshore wind energy development. As RenewableUK highlights in its Community Benefits Protocol, these funds could be used to finance anything the community deems appropriate and necessary, including community owed renewable energy projects, village halls, recreational facilities or equipment for local schools.

No change in policy

‘We had high hopes for a change in policy,’ says Hannah.  ‘But in December 2020 the Government’s Energy White Paper was published, making virtually no mention of onshore wind. Then, again after much anticipation, last December’s revised NPPF made only marginal change.’
The NPPF consultation concluded in early March and the Government’s response is due imminently. A change in direction from decision-makers in Westminster could have provided the much-needed catalyst for wider adoption of onshore wind, and in the run-up to the publication of the revised NPPF in December Carter Jonas saw a considerable increase in both landowners and developers considering potential sites.  

Unfortunately the changes to the NPPF were essentially limited to delivering on commitments in the British Energy Security Strategy, to support the repowering of onshore wind.

Otherwise, the changes were limited to requiring the planning impacts of new onshore wind turbines ‘to be satisfactorily addressed’, rather than ‘fully addressed’ and the proposal has ‘community support’ rather than ‘backing’.  While this indicates some shift in the position, it remains to be seen how the legal system will interpret the amended requirements. 

True to the localist approach which runs through the core of the NPPF, there is also a requirement that the allocation of land must exist in the development plan, a supplementary planning guidance or Neighbourhood Development Order. Timing also presents an issue here: the process of preparing a local plan takes several years and the length of time is increasing, as local plans are delayed due to a number of factors from resourcing, to nutrient neutrality, to uncertainty about housing targets and Green Belt sites. 

As Hannah explains, ‘Those developers which do succeed in gaining planning consent for a wind farm do so through a rigorous and well-documented community consultation which is particularly challenging in rural communities.  Door-knocking, events and a generous, long-term commitment to serving the local community are an absolute must. Consultation is important because it sets a clear intention to keep onshore wind at a local level with community involvement. The key for developers to ensure success is robust engagement and local ownership.

‘We need a change of direction: not simply a return to pre-2015 but a more enlightened sentiment and more balanced approach.’ 
The immediate opportunity is to convince decision-makers, as the NPPF consultation runs its course, of the considerable environmental and economic benefits of wind.