Opposing sides of the story

The need for renewable energy is well established. The UK, EU and UN have repeatedly stated that climate change is having the single biggest impact on our planet and is continually shaped policy areas in national governments around the world since the development of the Kyoto Protocol in 1997.

Legislation in the UK and across the EU is now falling into place. The Climate Change Act 2008 commits the UK to achieve an 80 per cent reduction in carbon emissions by 2050, with a 34 per cent cut by 2020. The EU Renewables Directive sets a 15 per cent target for the UK, which the UK proposes to meet predominantly through on and off-shore wind energy. Legislation is supported by financial incentives through the Feed in Tariff for electricity producers of less than 5MW in place since April 2010 and the proposed Renewable Heat Incentive from April 2011.

Yet the planning policy targets for 2010 are likely to be missed; the target which was for 10 per cent of the UK’s energy to be generated from renewable sources. While many less contentious development sites for wind power have been indentified, there has been a sharp increase in a need to turn to more contentious sites, which by their very nature will attract considerable opposition.

Local woes
In July this year the government, as part of its Big Society programme, abolished the Regional Spatial Strategies (RSSs) and the inherent planning policies setting regional targets for renewable energy generation. For all their faults, RSSs were useful in that they provided the much needed direction on how national targets were to be met and a body of knowledge that often underpinned a local authority’s decision making.

Developers putting forward an application for renewable energy generation schemes would often be able to argue successfully that such a scheme is needed if regional targets were to be met. By scrapping RSSs and leaving decisions purely in the hands of local authorities it is difficult to see many schemes ever being approved. Local authorities are likely to bow to pressure of local communities who generally do not want to see such schemes on their doorstep.

In our own experiences, we have acted for developers proposing schemes, and both local authorities and third party pressure groups at public inquiry that were opposed schemes. The arguments both for and against wind farm developments, like many other infrastructure schemes, are often highly emotive and can take time to resolve.

The need to make a judgment on potential harm to often beautiful and wild parts of the UK countryside and to those living in close proximity to wind turbines against the need for renewable energy will never be easy to reach. What is required is a sound technical approach alongside a thorough understanding of the local and national issues.

Practice makes perfect
Large schemes which generate over 50MW (typically over 15 wind turbines) must be preceded by public consultation under the Planning Act 2008. The Act also requires operators to have regard to representations made during the consultation period; however developers may only need to justify their proposal to satisfy this requirement. Schemes under 50MW are dealt with by the relevant local authority and there is no legislative requirement to hold any formal consultation at the pre-application stage. Tensions will almost inevitably occur.

We have recently been representing a proposal in Cambridgeshire bringing an application for a scheme to include three turbines generating a total of 9MW. In this case the applicant decided to undertake pre-application public consultation which showed that the majority of local residents were in favour of the scheme. During the consideration of the application there were a number of objections, raising concerns over matters such as noise, shadow flicker and indeed the general need for wind turbines. It is right that such concerns are addressed and in this instance the proposal was amended from five to three wind turbines. Despite this the application was refused permission and a Public Inquiry is to be held early in 2011.

However, the government’s localism agenda is in danger of providing an enhanced role for local groups, with their influence carrying further weight in the decision making process at the local level – even if they are in a minority.

Neighbourhood resistance
The unquestionable need for renewable energy does not though give generators carte blanche to propose schemes in inappropriate places. We have recently represented Blaenau Gwent Borough Council at a Public Inquiry in relation to a refused planning application for a wind energy scheme.

The scheme was for four 101 metre high turbines each generating 1.5MW. It attracted strong local opposition on the basis of the impact on residential amenity and the visual impact on nearby Blaina and the Cwm Tyleri Valley, as well as the Blaenavon World Heritage Site and the Brecon Beacons National Park.

The application was submitted in July 2006 and while recommended for approval by the Council’s planning officers, it was refused by Members in January 2009. Developers, Pennant Wind Energy Ventures, appealed, seeking a Public Inquiry. Defending the reasons for refusal required specialist technical knowledge and Blaenau Gwent subsequently appointed a team of external consultants, led by DPP. The Public Inquiry took place in May 2010 and the decision to uphold the refusal was delivered in July.

The Inspector appointed by the Welsh Ministers to lead the inquiry, Mr A D Poulter, noted the qualities of the appeal site as being “attractive, tranquil, exposed, remote and wild” and stated the turbines would have a major adverse impact on those qualities, harming the rural and tranquil character of the upper Cwm Tyleri Valley.

The decision to refuse permission both by members and at appeal was a finely balanced one and illustrates the difficulty developers and local authorities face with planning applications for wind energy schemes. Local authorities will be increasingly asked to rule on often contentious applications for renewable energy schemes and we expect to see more public inquiries as a result.

Conclusions
The current planning policy vacuum may have significant ramifications on the delivery of targets post 2010.

The UK is already playing ‘catch-up’ following its failure to meet the 2010 targets and a more flexible and straight forward planning system may be required. We should also not be fooled by the low by low energy consumption seen during the recession, which gave a false impression of achieving targets. The advent of localism coupled with the removal of regional policy targets will inevitably lead to decisions being taken on the basis of local support (or lack of). As a result, proposals may falter at a time when the Collation Government is advocating new developments through measures such as Feed in Tariffs.

It is important that new wind turbine proposals seek to gain the views of as many local residents as possible so that a representative picture can be put to the Planning Committees responsible for determining these applications. Without this, the ambitious policy targets will not be met and alternative forms of energy production will need to be given further consideration by the Government who may be forced into taking action at a national level to ensure existing energy supplies do not run out.