Renewable energy

Renewable energy generation is the generation of energy from an infinite source. The most common renewable energy sources include: the sun (in the case of solar energy generation), the wind (in the case of wind energy generation), bioenergy (organic matter burned as a fuel) and hydroelectric (including tidal energy generation). Renewable energy generation plays an important role in helping the transition to net zero because it produces little to no harmful emissions when used.

Offshore wind energy generation

Offshore wind energy generation involves capturing moving air through the use of turbines positioned in bodies of water, typically out at sea. Offshore wind turbines are made up of rotating blades connected to a rotor and generator, which are mounted on fixed or floating platforms and anchored to the seabed. When the wind blows, it spins the rotor, causing the generator to convert mechanical energy into electricity. This electricity is then transmitted to the electrical grid through underwater cables for consumption by end-users.

In England:

  1. where the output capacity of on offshore wind farm is less than one MW, a marine licence from the Marine Management Organisation (MMO) under the

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High Court gives guidance on the new duty to ‘seek to further the purpose of conserving and enhancing the natural beauty’ of AONB for planning authorities (CPRE Kent v SSHCLG)

Planning analysis: Section 85(A1) of the Countryside and Rights of Way Act 2000 (CRWA 2000) came into effect on 26 December 2023 following amendments to that Act made by section 245 of the Levelling-Up and Regeneration Act 2023 (LURA 2023). The provision requires relevant authorities to ‘seek to further the purpose of conserving and enhancing the natural beauty’ of Areas of Outstanding Natural Beauty (‘AONB’) when exercising functions affecting such land. This case concerned a challenge to the November 2024 decision of the Secretary of State for Housing, Communities and Local Government (‘the Secretary of State’) to grant planning permission for the construction of 165 dwellings and associated works in the High Weald AONB. The grounds of challenge were that the Secretary of State had breached the CRWA 2000, s 85(A1) duty (Ground 1) or alternatively, had given inadequate reasons for concluding that the duty had been complied with (Ground 2). The main issue for the High Court was whether the words ‘seek to further’ contained in the amended section 85(A1) duty had altered the substance of the duty so as to require a decision-maker to refuse planning permission for development if it is found that the proposal would cause harm to an AONB by failing to conserve or enhance its natural beauty. In dismissing the claim and upholding the Secretary of State’s decision, the judge provided guidance on the requirements of the CRWA 2000, s 85(A1) duty in the context of planning decisions affecting AONBs. Written by Max Millington, barrister at Cornerstone Barristers.

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