Renewable energy is a hot topic at present. Some of the ‘big subjects’ under debate are the need to increase low carbon energy production to enable the UK to meet its international obligations and the impact on the National Grid of intermittent wind supplied energy, as well as fuel poverty. The role of regulation and/or competition law in achieving diverse aims is another ‘big subject’.
However, there is a significant amount of detailed work involved in bringing about the development of renewable energy production. A Willans Partner discusses the role of planning and environmental permitting regimes in getting projects off the ground, so as to help with those big subjects.
Background Facts
In order to produce energy from biomass waste, a production plant has to be developed. Depending on its size and the processes involved, this can have a varying impact on landscape, amenity and traffic as well as other environmental considerations.
In simple terms, ‘biomass’ means any material that is plant-based but it can also apply to animal- and vegetable-derived material. In the context of energy production, biomass can comprise energy crops and virgin wood or material that falls within the definition of ‘waste’ eg food, agricultural or industrial. The impact on land use and on the environment varies depending on the material.
There are thresholds in applicable legislation that determine whether an environmental statement must be submitted along with a planning application. This is a complex area, both in technical and legal terms, and professional advice should always be sought. There are good grounds for legal challenge if planning permission has been granted without a proper assessment of environmental impact. In due course the very large production plants will need to apply for planning consent to the newly-formed Infrastructure Planning Commission, rather than a combination of the local authority for planning and consent from the Secretary of State for Business, Innovation and Skills.
The Future
We are told the government will consult this summer on extending permitted development rights (ie deemed permission given in certain circumstances, avoiding the need for a full planning application) for small-scale biomass energy plants. This is likely to cover units to be incorporated into farm use or the equivalent.
In the meantime, planning permission will need to be granted for any proposal and more often than not these are contentious applications. Sometimes this is because of public perception that the processes involved use unproven technology, or a fear about the impact of the incineration aspects of the process.
Whether or not an environmental permit is required for the operation depends on size. On the whole, most energy from biomass plant will need a permit. The rules (Environmental Permitting Regulations 2007) state that a permit is required for any installation that carries out an industrial, waste or intensive farming activity. Waste operations are also covered, eg waste transfer stations or treating waste soils with mobile plant.
The definition of waste has caused the courts problems over many years. It stems from the European Waste Directive, the aim of which is stated to be “to ensure waste is recovered and disposed of without endangering human health and without using processes and methods that could harm the environment”. Some processes are either defined as exempt or they qualify for an application for a standard permit.
Some will comprise activities defined as Part B or Part A(2), when the local authority is the authorising body. Part A(1) activities are regulated by the Environment Agency. They apply, for example, to combustion activities where fuel is burned in an appliance with a thermal input of more than 50MW. If a boiler or furnace is involved then the threshold reduces to 20MW but where waste is burned, the threshold drops to 0.4MW. Even those that fall outside this area of pollution control will need to comply with the Clean Air Act 1993, which is enforced by the local authority, and can be relevant to schemes which use burning processes in urban areas.
If you need clear and pragmatic legal advice, we’re here to help so please get in touch.
Our legal experts have been busy sharing valuable expertise in their first series of free webinars for employers, and businesses across the county who missed the live events can now…
The Coronavirus Business Interruption Loan Scheme (CBILS) has thrown a much-needed lifeline to businesses experiencing cashflow difficulties as a result of the coronavirus outbreak. 17 December 2020 Today, Rishi Sunak…
The global outbreak of coronavirus (COVID-19) and the government’s resulting emergency measures have had severe implications for many businesses. Read on for answers to some frequently-asked questions on corporate &…
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL cookies.
This website uses cookies to improve your experience while you navigate through our website. Out of these cookies, the cookies that are categorised as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyse and understand how you use our website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies but it may affect your browsing experience on our website. You can find our cookie policy here.
Necessary cookies are absolutely essential for our website to function and enable core functionality such as security and accessibility. These cookies do not store any personal information. You can block these cookies by changing your browser settings, but this may affect how the website functions.
We use performance cookies such as Google Analytics to help us count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. The cookies collect information in a way that does not directly identify anyone. For more information on how these cookies work, please see our cookie policy.