Wednesday 6 November 2013

Wind Energy and Planning

Making sense of all the acronyms and legislation

I feel for those who are about to embark on trying to understand the planning process and all the legislation surrounding the wind energy market. When I was heavily involved in the dairy campaign, the subject matter almost dominated my life for the duration of the planning application. Here are a few things to assist you with finding your way through the documents published yesterday.

Acronyms
AONB = Area of national beauty
DNO = Distribution Network Operator
EIA = Environmental Impact Assessment
EMRA = East Midlands Regional Assembly Report
EN = National Policy Statements for Energy Infrastructure (documents)
ES = Environmental Statement
ExA = Examining Authority
HRA = Habitats Regulations Assessment
LA = Local Authorities
NPPF = National Planning Policy Framework
NPS = National Policy Statements (for Energy) & (Renewable Energy Infrastructure)
NSIP = Nationally Significant Infrastructure Project
PINS = Planning Inspector
PPS = National Planning Policy Framework (documents)
SoCC = Statement of Community Consultation

Main Legislation
Electricity Act 1989 [http://www.legislation.gov.uk/ukpga/1989/29/contents]
S36 = [main application legislation - consent required for construction etc. of generating stations]

Planning Act 2008 [http://www.legislation.gov.uk/ukpga/2008/29/contents]
S42 = [duty to consult - technical consultation with statutory consultees and those with an interest in the land]
S46 = [duty to notify Commission - notification of PINS of consultation]
S47 = [duty to consult local community]
S48 = [duty to publicise - notices publishing proposed application in one or more newspapers at least two successive weeks, once in national newspaper and in London Gazette]
S55(2) = [acceptance of applications - PINS has 28 days to accept or decline application]
S56 = [notifying persons of acceptance - applicant to notify all interested parties of acceptance of application, who then have 28 days to register objections with PINS]
S56(7) = [notifying persons of acceptance - publish acceptance of application by PINS]
S98(1) = [timetable for examination of application - 6 months max,. subject to power of ExA to extend deadline]
S107(1) = [timetable for decisions - ExA has 3 mnths from conclusion of examination to make its recommendation]

Annual Energy Statement of July 2010
Carbon Plan of December 2011
Climate Change Act 2008
Climate Change: the UK Programme
East Midlands – The East Midlands Regional Plan (2009)
Electricity Reform White Paper of July 2011
Energy Act 2008
EU Renewable Energy Directive
Low Carbon Transition Plan
North Kesteven Local Plan
Planning Act 2008
Planning and Compulsory Purchase Act 2004
Renewable Energy Review (Committee on Climate Change)
Renewable Energy Roadmap
The Energy Challenge
UK Energy White Paper
UK Renewable Energy Strategy 2009

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