1014: Behind the government’s ‘not zero’ announcement and much other news

This week’s entry contains a plethora of Planning Act 2008 related news.

On 20 September the Prime Minister gave a speech on net zero, supposedly brought forward from two days later because of a leak. He announced something of a rowing back of net zero targets but perhaps it’s not as bad as it sounds.

The deadline for banning the sale of new petrol and diesel cars is being put back from 2030 to 2035, the ban on new oil and ‘off grid’ gas boilers is being put back from 2026 to 2035 and exemptions to phasing out existing boilers in 2035.

Most of the rest were scrapping policies that were a long way from being law, never mind being implemented. However behind the clearly political surface, there were two positive moves, one of which is relevant to the NSIP regime:-

• subsidies for heat pumps are to be increased by 50%; and
• a promise to produce a spatial plan for energy infrastructure.

A ‘fast track’ consenting process for transmission projects is also mentioned, but I suspect that is the general fast track proposal that we already know about. Faster grid connections are also promised.

So a generally but not entirely disappointing development, particularly when couched in disingenuous language about not sacrificing the long term for short-term expediency, which is exactly what is being done.

Wind amendment

I am pleased to say that an amendment to the Levelling-up and Regeneration Bill that restores onshore wind to a level playing field in both the town and country and national infrastructure planning regimes drafted by my colleague Aranya Tharumakunarajah and me for Baroness Hayman has been approved by the House of Lords and is now clause 252 of the bill, the latest version of which can be found here.

Specifically it:-

• removes the obligation to conduct compulsory pre-application consultation for town and country planning applications for onshore wind;
• reinstates 50MW+ onshore windfarms into the DCO regime; and
• requires guidance to be amended to reflect these restorations and remove any further restrictions (i.e. troublesome footnotes).

The Bill still has its ‘ping-pong’ version control with the Commons before being enacted so it remains to be seen whether the clause survives at all or in another government-approved form. For the moment, though, it’s good news.

Water NPS

The Water Resources National Policy Statement has finally been ‘designated’ (the equivalent to adoption of a local plan), as per this written statement.

This has been the slowest NPS to be prepared since the national infrastructure planning regime started in 2008, which is saying something. Nationally significant water project applications have been able to be made since 1 January 2018 and four are on the Planning Inspectorate website, but no application has yet been made, perhaps because of the government’s diffidence. At least this will give water companies more certainty that they have policy support for their projects and that they are assessing impacts in the right way.

Latest DCO decision

The Awel y Mor offshore windfarm DCO has been granted – on time – following a recommendation for approval from the examining authority. More details in next week’s blog, but the decision letter is here.

Decision delays

Maintaining the less-than-50% hit rate of on-time decisions, the Net Zero Teesside DCO decision has been delayed for a second time from 14 September to 16 November. The written statement says that this is ‘to enable my Department to ensure there is sufficient time to consider this information and to conduct the necessary consultations with interested parties.’

The Sunnica solar farm DCO decision has been delayed from 28 September to 7 December, and the written statement has given up on even giving an anodyne reason for the delay.

Sizewell C appeal

The Court of Appeal has granted permission to hear an appeal of the dismissal of a challenge by ‘Together Against Sizewell C’ to the decision to grant the Sizewell C nuclear power station DCO. According to the lawyers for TASC press release, the issue at appeal is around meeting the identified need for a water supply. The case will probably not actually be heard for a few months.

Manston judgment

I am pleased to say that in a decision issued today, the High Court has dismissed all grounds of a challenge from Jenny Dawes, a resident of Ramsgate, to the Secretary of State’s second decision to grant the Manston Airport DCO (pleased because we act for the developer RiverOak Strategic Partners). I have a copy of the judgment and can send it if you are interested.