The planning regime for energy storage in England and Wales
Produced in partnership with Paul Maile and Duncan Williams of Eversheds Sutherland
The planning regime for energy storage in England and Wales

The following Planning practice note produced in partnership with Paul Maile and Duncan Williams of Eversheds Sutherland provides comprehensive and up to date legal information covering:

  • The planning regime for energy storage in England and Wales
  • Introduction
  • What is energy storage?
  • How is energy storage dealt with in the planning regime for England and Wales?
  • What form of planning consent is required?
  • Exempt electricity storage facilities
  • Hydroelectric storage facilities
  • Onshore wind
  • Planning considerations for projects proceeding under TCPA 1990
  • Planning considerations for projects proceeding under PA 2008
  • More...

The planning regime for energy storage in England and Wales

Introduction

This Practice Note looks at planning issues associated with energy storage in England and Wales including:

  1. what form of development is involved in energy storage

  2. how energy storage schemes are consented in England and Wales within the planning regime, and

  3. the current challenges with the consenting regime and proposed changes

What is energy storage?

At a basic level, energy storage is the capture of energy produced at one time for use at a later time.

Energy storage has multiple benefits including allowing a greater use of renewable technology such as solar, wind and tidal to generate electricity (which may not always be generated at the time you need it most) and greater security of supply by providing a grid which is more resistant to disruptions.

How is energy storage dealt with in the planning regime for England and Wales?

Historically, there was no formal definition of energy storage or energy storage facilities within planning legislation or policy. In an area populated by emerging technologies, the absence of clarity had led to questions as to how such facilities should be treated within the regulatory regime which governs the electricity network, which in turn had a knock-on effect as to how such a facility should be consented under planning law.

From a planning perspective, the lack of clarity raised issues in respect of

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