This digital report provides internal guidance to assist National Trust staff and specialist volunteers (the Specialist Advice Network, SAN) considering renewable energy generation planning applications. The guidance should be used to inform the National Trust’s responses to external development proposals which may impact on Trust land and property. While the guidance is primarily aimed at assisting with responding to external renewable energy proposals, the document also provides useful and relevant information, guidance and advice for the development of the National Trust’s own renewable energy developments.
The guidance is structured as follows:
Climate change presents a global risk and is the single biggest threat to National Trust land and properties. Burning fossil fuels and energy production release greenhouse gases such as carbon dioxide, methane, and nitrous monoxide into the air. Over time, large quantities of these gases have built up in the atmosphere. The 2018 Intergovernmental Panel on Climate Change (IPCC) identified a reduced timeframe to act to keep world temperature rises to 1.5 degrees Celsius before 2050 in line with the Paris Agreement. The Climate Change Act 2008[1] is the foundation of the UK’s approach to reducing carbon dioxide emissions, setting legally binding targets to reduce emissions by at least 80% by 2050. However, on 1st May 2019, Parliament declared a formal climate and environment emergency, and on 12th June 2019 the Government amended the Climate Change Act to target full net carbon neutrality (a 100% reduction of greenhouse gas emissions) in the UK by 2050.
To limit the effects of climate change, rapid reductions in global greenhouse gas emissions are needed. Various mitigation and adaptation measures can be put into place, including change from governments, businesses and organisations. The UK government has pledged to secure a decarbonised electricity system by 2035 as one of the ways to mitigate climate change and help to achieve the national target of net zero emissions by 2050.
There needs to be an increased reliance on renewable energy to achieve these targets. However, it will be key to strike the balance between energy generation and the need to protect the historic and natural environments. The National Trust’s position on renewables (Policy
Position Renewables.docx (sharepoint.com)) reflects the legal obligation for the UK to achieve net zero by 2050 and the necessary increase in the generation of renewable energy and the associated requirements for new, necessary increase in the generation of renewable energy and the associated requirements for new, connecting transmission infrastructure. Considering this, the Trust is seeking to shift from a case by case, locally focused and precautionary approach to a stance that recognises the necessity of transitioning to renewable energy and that this may have impacts that need to be carefully considered. The Trust is supportive of renewable energy as a matter of principle and believes that appropriate development can and should play an important role in its supply. It is important that the Trust can have the confidence to enter into discussions at all stages of the development of renewable energy proposals, highlighting any areas of concern and suggesting potential improvements to facilitate delivery.
This guidance allows for a consistent set of contextual – policy, legislative and evidential – parameters to be applied that align with the Trust’s key principles for renewables and their effects (if any) on the purposes and interests of the National Trusts.
This guidance focuses on key renewable/sustainable technologies of most interest to the National Trust. These include:
This guidance also outlines the various planning issues that potentially relate to each technology.
It should be noted that other renewable technologies such as rooftop-mounted solar, ground, water and air source heat pumps and geothermal have not been included in this guidance. Microgeneration technologies such as solar and heat pumps often do not require planning permission but rather are captured under permitted development rights[2] and as a result fall outside the scope of this guidance. Where planning applications are required for these technologies, the information and guidance contained within the matrices can provide a basis for the assessment of these proposals.
The guidance includes a description of the associated transmission infrastructure that is likely to be included in a development proposal e.g.: cable routes, substations etc. It will provide useful support for the consideration of proposals for transmission networks, but these applications will have to consider additional external policy and guidance that is outside the remit of this guidance and any response should be led by the relevant Planning Adviser.
This guidance is of relevance to applications made in England, Wales and Northern Ireland[3]. Proposals may be those brought forward through the Nationally Significant Infrastructure Projects (NSIP) regime (in England), Developments of National Significance (DNS)[4] (in Wales), Developments of Regional Significance (in Northern Ireland) or via planning applications considered by Local Planning Authorities (LPA).
This guidance aims to support staff and specialist volunteers across the organisation who have to respond to renewable energy planning applications where they affect our interests. It provides a tool to help inform draft responses to constructively engage with external renewable energy applicants across the regions and countries where the Trust operates and at the variety of scales at which these developments can be proposed. The guidance also provides signposts for all staff as to where additional or specialist support can be obtained. It provides key information on the context in which renewable energy proposals are assessed, what information the Trust should expect to be provided and how this can be reviewed, along with identifying the range of potential mitigation measures that may be applicable for each technology. The guidance aims to support the development of a proportionate and evidence-based response to renewable energy projects that is in line with the Trust’s current renewables policy position.
Whilst the guidance aims to facilitate the start of a discussion and assessment of the scope of a response to external renewable energy applicants it is important that advice and support is sought at an early stage from the Regional Planning Advisers[5] who can bring knowledge and expertise of the processes and, policy context and help to focus the response. In addition, it is recommended that the Legal Team[6] are advised of any proposal that may affect National Trust interests. Early discussion should also be undertaken with the relevant Consultancy Manager to identify other consultants who may be required to input into any response, such as Nature Conservation Advisers, Archaeologists etc, or any requirement for support from central specialist advisers, for example Landscape Planner, Buildings and Landscape Design Advisers or the Renewable Energy team. The guidance can be used to support all stages of a proposal, from early engagement with developers to consideration of any proposals post-decision. The matrices can be used to identify issues, the level of assessment required and support discussions around options for any mitigation, monitoring or compensation proposals.
With some renewable energy proposals, it is possible that there may be a requirement for use of the Specialist Advice Network if scrutiny is needed on a specific topic or advice is required on any mitigation proposed. Use of the network should be carefully considered on a case-by-case basis and their use secured through the Specialist Advice Network Manager[7].
In addition, oversight and guidance on particularly contentious renewable energy proposals or those affecting multiple regions/countries can be provided by the Planning & Major Infrastructure Advisory Group[8].
The guidance was prepared by LUC and involved various rounds of consultation with Trust staff, SAN volunteers and the Planning and Infrastructure Advisory Group. After each round of consultation, the guidance was reviewed and revised to take account of any comments received. The guidance was developed and consulted on during 2023.
This guidance will be reviewed on a comprehensive basis after 5 years, however renewable energy technologies and the policy context for decision making are dynamic and therefore an internal annual review will be carried out and any necessary updates to policy or guidance undertaken. Should there be a significant change in policy, legislation or guidance that would impact on the Trust’s approach or response to renewable energy proposals ahead of any normal review, then a decision will be taken by the Head of Planning & Major Infrastructure as to whether an exceptional update should be undertaken.
This section sets out the legislative and policy context for the development of renewables in England, Wales and Northern Ireland. It sets out the key policies and drivers relating to climate change and renewable energy for each country. This provides useful contextual information within which to consider planning applications for renewable energy proposals. As with many planning matters there are other pieces of legislation and guidance that should also be considered and which are likely to influence the development, its impacts and any mitigation required e.g.: Habitats Regulations, Wildlife & Countryside Act.
The government announced on 20 April 2021 that it would adopt the Committee for Climate Change (CCC) recommendations to reduce carbon emissions by 78% by 2035 compared to 1990 levels, bringing forward the previous target by 15 years[9]. Decarbonising the energy sector is central to this ambition. With increased demands on the electricity network, it is estimated that the electricity industry will need to generate 610 Terawatt hours (TWh) in 2050 compared to the 300 TWh demanded today[10]. Currently, the majority of the electricity is derived from natural gas, but based on 2022 data, wind, biomass, solar and hydropower produced 38.2% of the UK’s total electricity generation[11]. Although electricity from wind turbines has continued to grow, there is an urgent need to reduce the carbon intensity of the grid. This will involve substantial deployment not only of renewable energy projects, but also related grid infrastructure and the importance of climate change mitigation cannot be over emphasised.
The National Planning Policy Framework (NPPF) sets out the government’s planning policies for England. The most recent update to the NPPF was in July 2021. Central to the NPPF policies is a presumption in favour of sustainable development, that development should be planned for positively and individual proposals should be approved wherever possible. One of the overarching objectives that underpins the NPPF is set out in Paragraph 8: “an environmental objective – to protect and enhance our natural, built and historic environment; including…mitigating and adapting to climate change, including moving to a low carbon economy”.
The revised NPPF supports delivery of the Neighbourhood Planning Act (2017) by making explicit reference to the need for local planning authorities to work with a duty to cooperate with partners on strategic priorities (paragraph 24) and defined strategic policies that make sufficient provision for climate change mitigation and adaptation (paragraph 20). These amendments provide a clear policy framework for local planning authorities to work collaboratively with partners and neighbours to tackle climate change mitigation and adaptation at a strategic scale and over the longer term.
NPPF Footnote 54 also states that, other than the repowering of existing wind turbines, wind energy development can only be permitted in an area identified suitable for such development in the development plan and, following consultation, planning impacts identified by the local community have been fully addressed and the proposal has their backing. These requirements, originally set out in a 2015 Ministerial Statement[12], have acted as a significant brake on onshore wind energy development. Very few wind energy applications have been submitted for planning approval in England since the policy was introduced.
The Government has recently finished consulting on revisions to the NPPF and has proposed an amendment to footnote 54 which if adopted would allow local planning authorities to identify suitable areas for onshore wind within supplementary planning documents as well as development plans.
Energy policy was originally the responsibility of the Department for Business, Energy and Industrial Strategy (BEIS) now known as the Department for Energy Security and Net Zero, who ensure secure energy and promote action on climate change. A number of key strategies have been published under BEIS, including the British Energy Security Strategy, published 2022, which sets out how Great Britain will accelerate the deployment of wind, new nuclear, solar and hydrogen, whilst supporting the production of domestic oil and gas in the nearer term – which could see 95% of electricity by 2030 being low carbon. Many of the policies which apply to England also apply to Wales. A number of Government net zero policy papers sit alongside the Energy Security Strategy, and plans, including the Ten Point Plan for a Green Industrial Revolution (2020), which puts forward the ten main areas where the UK wishes to scale up decarbonisation. This Plan will continually be built upon by further legislation and policy.
Further legislation and policy that are important to note for England are:
The Planning and Compulsory Purchase Act (2004) sets out the structure of the local planning framework for England. The Act aims to allow for reform and the speeding up of the planning system by increasing the predictability of planning decisions. It includes the duty on plan-making authorities to mitigate and adapt to climate change. In other words, local planning authorities must make positive and proactive policies and decisions which contribute to the mitigation of, and adaptation to, climate change – polices and decisions that make measurable, ongoing reductions in carbon emissions reported in Council’s annual monitoring reports. Local Authorities must include specific policies within Local Plans which ensure development and use of land contributes to the mitigation of, and adaptation to, climate change.
The Planning Act (2008) introduced a new planning regime for nationally significant infrastructure projects (NSIPs), including energy generation plants of capacity greater than 50 megawatts (50MW). In 2011, six National Policy Statements (NPSs) for Energy were published. The energy NPSs are designed to ensure that major energy planning decisions are transparent and are considered against a clear policy framework. They set out national policy against which proposals for major energy projects will be determined by the National Infrastructure Directorate (NID) (formerly the Infrastructure Planning Commission or IPC).
The Overarching National Policy Statement for Energy (EN-1) sets out national policy for energy infrastructure and describes the need for new nationally significant energy infrastructure projects. EN-3 (NPS for Renewable Energy Infrastructure) provides the primary basis for decisions by the NID on applications it receives for nationally significant renewable energy infrastructure. It provides guidance on various technologies and their potential for significant effects. In 2016, onshore wind installations above 50MW were removed from the NSIP regime; as such, these applications are now dealt with by local planning authorities, based on the NPPF.
The Revised (Draft) National Policy Statement for Energy (2021) reflects the Government’s commitment to deliver net zero by 2050 and to move away from reliance on fossil fuels. The National Policy Statements are expected to be finalised this year.
The Planning and Energy Act (2008) enables local planning authorities to set requirements for energy use and energy efficiency in local plans, including a proportion of energy used in development to be generated from renewable and low carbon sources in the locality of the development. Such requirements can relate to specific types and scales of development but also broad areas within a local planning authority’s area of influence, such as areas with optimal conditions for decentralised heat networks.
The Welsh Government’s energy policy is set out in Energy Wales: A Low Carbon Transition (March 2012). This has been supplemented with various policy statements, including, Local ownership of energy generation in Wales – benefitting Wales today for future generations (February 2020). Furthermore, in September 2017, the Welsh government set out the following three key ambitious energy targets for Wales:
Future Wales: The National Plan 2040[13] was published (February 2021) by the Welsh Assembly Government, alongside Planning Policy Wales Edition 11 (PPW 11). Future Wales is now the highest tier of development plan across the whole of Wales, and the two lower tiers (Strategic and Local Development Plans) are required to be in conformity with it. Future Wales states: “Supports a low carbon economy and the decarbonisation of industry, and the growth of sustainable and renewable energy”.
Policies 17 and 18 set out requirements in respect of renewable energy. Policy 17 – ‘Renewable and Low Carbon Energy and Associated Infrastructure’ states: “The Welsh Government strongly supports the principle of developing renewable and low carbon energy from all technologies and at all scales to meet our future energy needs. In determining planning applications for renewable and low carbon energy development, decision-makers must give significant weight to the need to meet Wales’ international commitments and our target to generate 70% of consumed electricity by renewable means by 2030 in order to combat the climate emergency. In Pre-Assessed Areas for Wind Energy the Welsh Government has already modelled the likely impact on the landscape and has found them to be capable of accommodating development in an acceptable way. There is a presumption in favour of large-scale wind energy development (including repowering) in these areas, subject to the criteria in policy 18. Applications for large-scale wind and solar will not be permitted in National Parks and Areas of Outstanding Natural Beauty and all proposals should demonstrate that they will not have an unacceptable adverse impact on the environment.” Policy 18 – ‘Renewable and Low Carbon Energy Developments of National Significance’ provides the criteria for assessing large scale proposals for renewable and low carbon energy and it is required to be read together with Policy 17.
Further to this, the Environment (Wales) Act 2016 provides a statutory framework to plan and manage Wales’ natural resources in a more proactive, sustainable and joined-up way and combat climate change. This Act established the statutory Natural Resources Policy (NRP) in 2017. In relation to climate change and renewable energy the NRP sets out three national priorities including increasing renewable energy and resource efficiency. It also recognises how Area Statements can help deliver the desired policy in a local context, each Area Statement outlines the key challenges facing that particular locality, what we can all do to meet those challenges, and how we can better manage our natural resources for the benefit of future generations. Most recently, the Welsh Government has introduced an Infrastructure Bill if enacted it would introduce a new consenting process which would apply to both land and sea and help to delivery on renewable energy targets. Specifically, the Bill makes provision for matters such as:
Further legislation and policy that are important to note for Wales are:
The Welsh Government published Building Better Places ‘The Planning System Delivering Resilient and Brighter Futures – Placemaking and the Covid-19 Recovery’[14] in July 2020 to pinpoint the most relevant policy priorities contained in PPW that will aid in the recovery from the Covid-19 crisis. This document notes the climate change emergency declared by the Welsh Government and that edition 10 of PPW was published shortly before the declaration of a Climate Emergency. PPW clarifies that the purpose of the planning system is to build sustainable places that positively contribute towards the health and wellbeing of current and future generations.
Also, the Welsh Government is consulting on the country’s renewable energy targets with the aim of updating the target to 100% of annual electricity consumption from renewable electricity by 2035[15].
The Well-being of Future Generations (Wales) Act (2015)
The Well-being of Future Generations (Wales) Act 2015 sets out seven well-being goals for national government, local government, local health boards and other specific public bodies. Renewable energy falls under four of the seven well-being goals. Additionally, the Act puts in place a ‘sustainable development principle’ which tells organisations how to go about meeting their duty under the Act.
The Planning (Wales) Act introduced a new legal framework for the preparation of a national land use plan, to be known as the National Development Framework for Wales. This framework sets out national land use priorities and infrastructure requirements for Wales. This Act also provides the statutory basis for the Development of National Significance process. The Act aims to provide a delivery framework for the preparation of development plans and planning decisions.
Planning Policy Wales (PPW) sets out the land use planning policies of the Welsh Government. It is supplemented by a series of Technical Advice Notes (TANs), Welsh Government Circulars, and policy clarification letters, which together with PPW provide the overall national planning policy framework for Wales. TAN 8: Planning for Renewable Energy was revoked in February 2021 on publication of Future Wales: The National Plan 2040. The Strategic Search Areas (SSAs) for wind energy identified in TAN 8 have been replaced by the Pre-Assessed Areas for Wind Energy identified in Future Wales.
PPW recognises the importance of renewable energy in the context of international targets, highlighting the abundance of resource and the benefits that renewable energy development can bring. PPW sets out a set of national planning policy objectives which are designed to support growth, protect the environment, and ensure that decisions are made at the local level.
The Climate Change Act (Northern Ireland) 2022[17] sets out a legal framework for tackling climate change, with a target of at least 100% reduction in net zero greenhouse gas (GHG) emissions by 2050, alongside interim targets including at least 48% reduction in net emissions by 2030. The Department of Agriculture and Rural Development of Northern Ireland (DAERA) must also, by June 2024 review and potentially set updated 2030 and 2040 interim emissions reduction targets to ensure that they are in line with the 2050 net zero target.
Further to this Act, there are a number of key strategies which form part of the wider action to address climate change in Northern Ireland. The Northern Ireland Energy Strategy, published in 2021, sets out a pathway for energy to 2030 that will mobilise the skills, technologies and behaviours needed to achieve net zero carbon and affordable energy by 2050. The Strategy sets out two targets to drive these changes:
The Strategy also focuses on Green Energy, which is also expressed in the Green Growth Strategy, which sets out the long-term vision for tackling the climate crisis in the right way. It will be delivered through a series of Climate Action Plans. The first Climate Action Plan was launched in 2022 under the Climate Change Act (Northern Ireland) 2022.
Further legislation and policy that are important to note for Northern Ireland are:
This Act provides the legislative basis for the reform of the Northern Ireland planning system.
The aim of the SPPS in relation to renewable energy is to facilitate the siting of renewable energy generating facilities in appropriate locations within the built and natural environment in order to achieve Northern Ireland’s renewable energy targets and to realise the benefits of renewable energy without compromising other environmental assets of acknowledged importance. This statement may change however, as the planning policy on renewable and low carbon energy is currently being reviewed.
This section provides a brief summary of the planning context for the determination of applications within England, Wales and Northern Ireland.
The National Trust has been given special power by Parliament to declare inalienable any land within its ownership which it considers fit to be held for the benefit of the nation, forever. This means the National Trust is prevented from ‘disposing’ of the freehold of such land (meaning it cannot be voluntarily sold or mortgaged).
In a planning context, additional protection is provided when any such land is subject to potential compulsory acquisition. If a National Trust objection to a Compulsory Purchase Order (CPO) has been made and not been withdrawn at the point the confirming authority (usually the Minister) comes to making a decision the CPO becomes the subject of special parliamentary procedure (SPP). This consists of a further layer of decision making taken by a joint committee of both houses of Parliament that will determine whether or not the development is permitted to go ahead.
Where National Trust land is subject to compulsory purchase a formal objection will often be lodged to maintain their position, however constructive engagement can also take place with the acquiring authority and other interested parties. When the Trustees are deciding on whether or not to maintain an objection, they will take into account a number of considerations including the impact on inalienable land as a whole and any associated benefits and mitigations which are being offered in return for the loss of the land. The National Trust will seek to ensure any benefits or mitigations are secured through legally binding agreements with the acquiring authority or other interested parties. Decisions on compulsory purchase of inalienable land are made by the National Trust’s Board of Trustees, not by National Trust staff, and this can be a lengthy process. The Legal Team must be advised of any potential for compulsory acquisition of National Trust land, especially inalienable land, at the earliest opportunity and their guidance sought on the process to follow.
There are occasions where agreement may be possible with a developer to facilitate use of National Trust land as part of a renewable energy proposal through the granting of an access agreement e.g.: easement. Early engagement with the Legal Team will be required for this along with support and guidance from the relevant Estate Manager.
In addition, use of National Trust common land can sometimes be required for renewable energy proposals. Again, early engagement with the Legal Team and Estate Manager will be required to provide the necessary information and guidance as part of any response.
The National Trust has also been given the power to hold restrictive Covenants over land through Section 8 of the 1937 National Trust Act. These are legal agreements between the National Trust and landowners, which allow restrictions to be placed on land or buildings, limiting certain activities or uses in order to protect the natural or historic features of that place, to help ensure that future generations can enjoy them.
Many of the covenants the National Trust holds came about when landowners approached the Trust in the past and offered the Trust existing or new covenants to make sure that an independent body would be able to protect the history, landscape and nature that made their land special, should their family ever choose to sell the land in future.
Each covenant is a standalone legal agreement, reflecting the specific context, conservation sensitivities and wider landscape of each individual site. The National Trust therefore deals with each on its own terms; what is appropriate in one place, may not be in another.
It is, therefore, possible that proposals for renewable energy will be submitted on land with a covenant held by the National Trust and early advice and guidance should be sought from both the relevant Covenant Officer and the Legal Team as there may be additional procedural matters to resolve, particularly if the application comes through the Development Consent Order process.
Depending on the form of renewable energy technology and scale of the project, the requirement for compensation and monitoring requirements will vary and may not be required if impacts are not identified. Renewable energy infrastructure development has similar effects to other types of energy infrastructure and can affect the terrestrial, coastal and marine environments with some proposals having potential to affect all three. The Planning Act 2008 requires proposals for renewable energy infrastructure to demonstrate good design in respect of landscape and visual amenity, and in the design of the project to mitigate impacts such as noise and effects on ecology. As stated in the National Policy Statement for Renewable Energy Infrastructure (EN-3), applicants must always employ the mitigation hierarchy, to avoid as far as is possible the need to find compensatory measures for coastal, onshore and offshore developments affecting National Sites Network and/or Marine Conservation Zones (MCZs). Further to this, applicants are expected to seek advice from Statutory Nature Conservation Bodies (SNCBs) and Defra on potential mitigation and/or compensation requirements at the earliest opportunity and comply with existing statutory requirements and/or guidance, along with considering any emerging policy/guidance.
The British Energy Security Strategy has committed to introducing strategic environmental compensation measures including for projects already in the consenting process (where possible), to offset environmental impacts and reduce delays to individual projects. Further to this, the UK Renewable Energy Roadmap[22], published by the Department of Energy and Climate Change, provides mitigation recommendations in relation to a range of renewable energy technologies.
Further information on mitigation and monitoring for each renewable energy technology can be found under each renewable energy technology tab.
It is possible that mitigation or compensation may be proposed on National Trust land and developers might seek to secure this through legal agreements and obtain the Trust’s agreement on its effectiveness through a Statements of Common Ground (SOCG). The Regional Planning Advisers should be involved in any discussion regarding the signing of a SOCG, potentially alongside the Legal Team. Final agreement for a SOCG should be with a member of the regional management team and time should be allowed in the process to secure this approval. The Legal Team should be informed of any potential legal agreement at the earliest opportunity.
[1] HM Government (2019) The Climate Change Act 2008 (2050 Target Amendment) Order 2019 [online]
[3] This guidance does not cover Scotland.
[4] Please note that the DNS regime will be replaced by the WIC regime in 2025.
[9] Prime Minister’s Office (2021) PM Statement at the Leaders Summit on Climate: 22 April 2021 [online] Available at: https://www.gov.uk/government/speeches/pm-statement-at-the-leaders-summit-on-climate-22-april-2021#:~:text=We%20have%20carbon%20emissions%20lower,doubling%20our%20international%20climate%20finance
[10] CCC (2020) The Sixth Carbon Budget [online] Available at: https://www.theccc.org.uk/wp-content/uploads/2020/12/The-Sixth-Carbon-Budget-The-UKs-path-to-Net-Zero.pdf
[11] National Grid (2023) Britain’s Electricity Explained: 2022 Review [online] Available at: https://www.nationalgrideso.com/news/britains-electricity-explained-2022-review
[13] Welsh Government (February 2021) Future Wales: the national plan 2040
[15] Welsh Government (2023) Review of Wales’ Renewable Energy Targets
[16] Welsh Government (February 2021) Planning Policy Wales
[17] Northern Ireland Assembly (2022) Climate Change Act (Northern Ireland) 2022
[18] Department of the Environment (2015) Strategic Planning Policy Statement for Northern Ireland (SPPS)
[22] Department of Energy and Climate Change (2013 update) UK Renewable Energy Roadmap [online] Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/255182/UK_Renewable_Energy_Roadmap_-_5_November_-_FINAL_DOCUMENT_FOR_PUBLICATIO___.pdf