The planning regime for energy storage in England and Wales

Produced in partnership with Paul Maile of Eversheds Sutherland and Duncan Williams of Eversheds Sutherland

Practice notes

The planning regime for energy storage in England and Wales

Produced in partnership with Paul Maile of Eversheds Sutherland and Duncan Williams of Eversheds Sutherland

Practice notes

Introduction

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

•
what form of development is involved in energy storage
•
changes introduced to the planning regime for energy storage
•
how energy storage schemes are consented in England and Wales within the planning regime, and
•
relevant planning considerations in consenting an energy storage scheme

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 was energy storage dealt with in the planning regime for England and Wales historically?

Historically, there was no formal definition of energy

Paul Maile

Eversheds Sutherland

Paul is a Partner specialising in planning, infrastructure and compulsory purchase and leads the Midlands Planning Team. He has appeared as advocate at numerous high profile public inquiries, and has a particular specialism in energy, infrastructure and residential projects.

Paul's workload has included promoting the first onshore wind project requiring a Development Consent Order under the Planning Act 2008; advising on offshore wind projects coming forward under Round 3; promoting a major new reservoir to safeguard future drinking water supplies to the East Midlands; and securing consent for revised proposals to redevelop RAF Upper Heyford comprising over 1000 houses and commercial development.

Paul's expertise covers all aspects of the planning process including application strategy, consultation requirements, Development Consent Orders, planning supporting statements, environmental impact assessment, representation at appeals, s106 Agreements, infrastructure agreements, compulsory purchase, town and village green applications, highways orders and legal challenges/judicial review.

Duncan Williams

Deloitte

Duncan specialises in all aspects of the planning process including promoting schemes through the planning system, s106 Agreements, infrastructure agreements, legal challenges / judicial review, planning appeals, advertising regulations, assets of community value and planning due diligence.

He has particular expertise in the residential development sector where he is regularly instructed by national house builder clients. Recent highlights include a 1,200 house urban extension to Leighton Buzzard and a 2,300 dwelling development near Cirencester.

In addition Duncan has extensive experience acting in the Energy Sector and on corporate transactions where recent notable instructions include helping secure consent for a 4 turbine wind farm near Port Talbot in Wales and on the acquisition of several large scale solar farms for investors.

In respect of infrastructure projects Duncan advised Birmingham City Council on the planning aspects of their sale of the redeveloped Birmingham New Street Station, the recent sale of the National Exhibition Centre, National Indoor Arena and International Convention Centre in a 800 million pound deal and is advising on the securing of a development consent order for a new rail freight terminal.

Jurisdiction(s):

United Kingdom

Key definition:

Nationally Significant Infrastructure Projects definition

What does Nationally Significant Infrastructure Projects mean?

Large scale developments in England relating to energy, transport, water, or waste which require development consent under the planning act 2008. National policy Statements provide the framework within which the Secretary of State makes decisions on nsip applications for development consent.

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