The following Energy guidance note provides comprehensive and up to date legal information covering:
The National Planning Policy Framework (NPPF) encourages local planning authorities to design their local policies to maximise renewable and low carbon energy development, while ensuring that adverse impacts are addressed satisfactorily, including cumulative landscape and visual impacts.
Planning conditions and obligations can be used to make renewable energy development acceptable where it would otherwise be unacceptable.
Planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. Planning obligations are subject to the 'reasonableness tests' in the Community Infrastructure Levy Regulations.
See Practice Note: Planning conditions—key points.
The former Department of Energy and Climate Change (DECC) published sample conditions relating to wind energy developments. The National Policy Statement for Renewable Energy Infrastructure (the Renewables NPS) also provides guidance on various forms of mitigation of onshore wind farm impacts. However, determining authorities should adapt these where appropriate, to suit the particular circumstances of the case. The determining authority is the local planning authority under the usual planning regime, as section 36 of the Electricity Act 1989 no longer applies to onshore wind farms.
On 14 July 2016, DECC was merged with the Department for Business, Innovation and Skills, to form the new Department for Business, Energy and Industrial Strategy (BEIS).
See Practice Note: Consents for onshore renewable generating stations.
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