Planning rules for farm energy projects: Q&A
How long does the planning process take?
Most planning applications take eight weeks for a formal decision to be made from the date of submission to the Local Planning Authority. However, major developments have a statutory determination period of 13 weeks and developments requiring an Environmental Impact Assessment (EIA) can take up to 16 weeks.
In addition, all projects need to build in time for pre-application work. Most renewable projects are “front loaded” with desk-based assessments, preliminary discussions with statutory consultees and planning officers, full environmental reports completed and public consultation taking place.
The preferred situation is to have all planning and environmental matters agreed, with the public fully aware and ideally on board with the scheme so that when the planning application is submitted, it is effectively a formality. Pre-application and the formulation of a project generally takes a minimum of two months but can be much lengthier for complex projects.
While it is possible to prepare applications including thorough pre-applications and public consultation to achieve consent within the statutory timeframes, in practice many schemes take longer than this to achieve a formal decision. This is often as a result of ill-thought through schemes which give rise to local concern and objection.
Do all renewables projects need planning permission?
Some small-scale projects fall under Permitted Development Rights (PDR) and do not require a formal planning application; however, the majority of schemes do require planning consent.
The PDR were amended in March this year to reduce red tape for some renewable projects. Planning permission is no longer required for solar panels on non-domestic buildings or within the curtilage of such buildings; planning permission is required for solar arrays fields. Farmers can also use the agricultural building prior notification procedure for storing fuel for or waste from a biomass boiler or an anaerobic digestion system (Up to 465sq m).
Prior notification is the planning procedure for work which falls within the scope of PDRs. Written details of the project, including materials to be used and a plan showing the site, must still be submitted to the relevant council which then has 28 days to decide whether full permission is needed.
Wind turbine development is more restrictive, with the PDR only allowing for a micro wind turbine to be located within the residential curtilage of a dwelling house.
How much will it cost?
The cost for planning applications can vary considerably depending on the size and scale of the project and the constraints which need to be addressed.
Costs comprise both the planning fee, which is based on the ground area covered by the scheme, and the professional fees involved. This makes wind turbine schemes relatively inexpensive from a planning application fee perspective, while a 5MW solar park plant would typically incur fees of about £15,000.
Professional fees also vary widely depending on the size and type of scheme. A typical farm-based 50kW wind turbine scheme including photomontages, a phase 1 ecology assessment and desk-based noise assessments would cost approximately £10,000 in fees. This includes engagement with the parish council and normally follows a desk-based appraisal which identifies any blocking issues such as affects on aviation or telecommunication links.
Professional fees for a complex wind farm or large-scale anaerobic digestion scheme with full EIA could stretch to hundreds of thousands of pounds.
Does it differ in Scotland, Wales and England?
The planning system does vary between Scotland, Wales and England, however the key components of any planning application will be very similar. Wind turbine applications in Scotland tend to be more complex as the Scottish planning system contains more detail in its policies in respect of wind development. In addition, Scotland is home to a diverse eco-system which can result in more survey work.
What is the key information to include in an application?
All applications should be supported by a planning statement which addresses the relevant planning policy and environmental issues. There is one standard council planning application form – plans of the proposal will also be required along with the application fee.
Technical reports normally prepared and submitted in support of a planning application include landscape and visual impact assessments (particularly for wind turbines), noise assessments, ecology surveys, odour assessments (particularly with anaerobic digestion schemes), and transport appraisals (identifying the delivery route for turbines and the impact of the importation of waste to anaerobic digestion sites).
Where do applications fall down?
The most common issue with planning is a lack of sufficient information or detail submitted in the application. This can take the form of an inadequate landscape and visual impact assessment or failure to submit a noise assessment.
Lack of pre-application engagement with statutory consultees is also an issue which can delay the application or warrant refusal. Statutory consultees may include the council’s environmental health department, landscape or ecological officers, or the general public.
Can I complete and submit the application myself?
Simple applications for small-scale projects in non-contentious locations and with a helpful planning department can be undertaken by an individual. However, anything beyond this does benefit from the involvement of an experienced planning consultant in the process.
Successful farm-based projects always benefit from a joint approach with the farmer, particularly at public consultation events and presentations to planning committees.
What should I think about before planning?
Is your site technically a good site for the renewable scheme – sites which may seem obvious to those who know the land may not be those most suited to the technology or for gaining planning permission.
- It can be helpful to offer more than one potential site for consideration.
- Grid connection and capacity are very important considerations.
- What are the constraints likely to be in – planning, environmental, political and local issues – sites with environmental designations can be more complicated.
- Am I prepared to stand up for the scheme if it causes friction with my neighbours?
- Can I fund it? If not, do I need an investment partner?
At what point should I engage with the local community?
This depends on the type of scheme but in general it is best to prepare site assessments such as ecology and noise reports alongside photomontages before a “drop-in” exhibition at a local village hall is undertaken. This enables answers to be given to many of the questions about the scheme.
At these events it is important to listen to the views of the local community. Most objections arise from lack of understanding or misinformation; take a proactive approach and provide the answers to the questions early on.
It is always encouraging when support letters outnumber objections following open consultation. It is also important to set up a dialogue with the local parish council and keep them informed of progress with the planning application.
Got a farming energy planning question? Kay Davies and the Fisher German planning team will be answering readers’ questions on our forums. Post your energy planning question on the forum by 21 September – responses will be posted by 28 September.