New planning guidance for renewable energy in England: Planning Policy Statement 22 (PPS22)

Planning Policy Statements (PPS) set out the Government's national policies for different aspects of land use planning in England. Equivalent guidance has been issued in relation to Scotland and Wales. PPS22, published on 9 August 2004, replaces Planning Policy Guidance Note 22 (PPG22) issued in 1993, the annexes issued in 1994 and the photovoltaics annex issued in 2002. The policies set out in the statement must be taken into account in particular by regional planning bodies (RPBs) and by local planning authorities (LPAs) in the preparation of local development documents. They may also be material to decisions on individual planning applications.

To access Planning Policy Statement 22 click here.

What is it all about?

Renewable energy covers all energy flows occurring naturally and repeatedly in the environment. For the purposes of the PPS, renewable energy covers those energy flows that occur naturally and repeatedly in the environment-from the wind, the fall of water, the movement of the oceans, from the sun and also from biomass. As the land use planning system does not extend offshore, the policies do not apply to developments for offshore renewables. Nor does the statement cover combined heat and power (CHP) developments, although, given that some CHP projects are fuelled by a renewable resource, a number of the policies set out may be relevant.

What was wrong with previous Planning Policy Guidance 22?

Change was needed so that national planning policy concentrates on important issues to be tackled at a national level and regional and local level issues are left to RPBs and LPAs. PPG22 is lengthy and detailed by way of contrast to PPS22 which is far more concise and user friendly.

The current Planning Policy Statements are intended to provide greater clarity and focus, and further the Government's objectives to stimulate the development of renewable technologies, assist the competitiveness of the UK renewables industry and generate employment. Although many of the policies in PPS22 are based on the existing policies in PPG22, great focus is placed on the need to meet national and international targets for the reduction of greenhouse gas emissions and the maintenance of a reliable and competitive energy supply.

What are the key principles from PPS22?

RPBs and LPAs should adhere to the key principles in PPS22 in their approach to planning for renewable energy.

• Regional planning guidance and local development plans should promote and encourage, rather than restrict, the development of renewable energy resources.
• Criteria need to be in place, to be applied in the assessment of applications for planning permission for renewable energy projects.
• Whatever their scale, the wider environmental and economic benefits of all proposals for renewable energy projects are material considerations that need to be given significant weight in the determination of relevant planning applications.
• Consideration must be given to potential technological change when assessing renewable energy projects and encouragement to develop active community involvement in renewable energy projects, including those which are potentially very small scale.
• Any development proposals should demonstrate the environmental, economic and social benefits of the scheme together with a consideration of how any potential negative impacts can be minimised.
• Regional planning guidance issued by each region should include the target for renewable energy generation (as defined for the purposes of the Renewables Obligation) for the region, derived from assessments of the region's renewable energy resource potential.
• Targets in regional planning guidance should be set for achievement in 2010 and 2020, and RPBs should monitor progress towards these targets.
• LPAs should only allocate specific sites for renewable energy in plans where a developer has already indicated an interest in the site, has confirmed that the site is viable and that it will be brought forward during a planning period. Planning applications for renewable energy projects should be assessed against specific criteria set out in regional spatial strategies and local development documents.
• LPAs may include policies in local development documents that require a percentage of the energy to be used in new residential, commercial or industrial developments to come from on-site renewable energy developments.

Are there any locational considerations?

Yes, for planning authorities and renewable energy developers locational considerations have been clarified for sites in the following areas:

International designated sites –planning permission will only be granted if developers demonstrate that that integrity of the site will not be adversely affected, or for nature conservation sites, that there is not alternative and there are imperative reasons of overriding public interest.

National designated sites – planning permission should only be granted where it can be demonstrated that the objectives of designation of the area will not be compromised by the development. Any significant adverse effects on the qualities for which the area has been designated must be clearly outweighed by environmental, social and economic benefits.

Green Belts – developers will need to demonstrate very special circumstances that the project outweighs any inappropriateness of location in order to gain planning permission.

Buffer Zones and Local Designations – Buffer Zones should not be created around international or nationally designated areas, nor should LPAs or RPBs apply policies to these zones that prevent the development of renewable energy projects. Local landscape and local nature conservation designations should not be used in themselves to refuse planning permission for renewable energy developments.

Implications for renewable energy developments

• Planning reform and the replacement of PPGs for PPSs should provide greater local and regional flexibility for planning authorities. The guidance is less prescriptive and more general in its outlook.
• LPAs now have to look at the long term environmental and technological considerations as well as the immediate impact on the local area when assessing renewable energy development schemes.
• PPS22 has the potential to provide LPAs with the opportunity to minimise the impact of the development of renewable energy on landscapes, whilst positively promoting their use. The Government wants to maintain high and stable levels of economic growth and employment whilst protecting the environment at the same time.

Other considerations

The guidance indicates that local planning authorities should consider incorporating renewable energy into all new developments. It also gives guidance about consideration of landscape and visual effects of renewable energy developments, noise, odour, traffic associated with biomass and energy crops and the impact of wind turbines on airport operation, radar and aircraft.

Other information

There are exclusions to PPS22 such as offshore technologies and CHP. There are also some overlaps, for example PPG10 on planning and waste management. Local authorities still have to consult more than one set of guidance.

The Government is in the process of producing a companion guide separately to PPS22 containing technical advice and guidance on particular renewable technologies as well as introducing a range of good practice guidance on planning and renewable energy.

Contact and Disclaimer

This overview of Planning Policy Statement 22 is a summary of the main provisions and is not intended to be comprehensive nor to provide legal advice. If you would like more information about PPS22 or require legal advice on any areas it covers, please contact Tony Kitson at tony.kitson@cms-cmck.com or Amanda Seaton at amanda.seaton@cms-cmck.com