Regulation 19 Rutland Local Plan
Renewable Energy Generation
The generation and use of renewable energy reduces demand for fossil fuels, thus reducing harmful greenhouse gas emissions. Renewable energy technologies include:
- Photovoltaic solar panels - for electricity generation
- Thermal solar panels- for heating
- Wind turbines - for electricity generation
- Ground source heat pumps – for heating
- Air source heat pumps – for heating
The use of renewable energy not only reduces carbon emissions – and so help address climate change - but it also has other benefits such as:
- it is sustainable - renewable energy will not run out, unlike fossil fuels which are finite;
- the renewable energy sector creates jobs in the short and long term, for example, project planning, installation, operation and maintenance;
- onshore wind offers the most cost-effective choice for electricity in the UK and these cost savings can be passed onto the consumer;
- onshore wind technology is getting more efficient whilst maintaining the same footprint, and land between wind turbines can be used for other productive purposes, such as food production
- generating energy locally for local consumption reduces the local exposure to volatile prices or supply interruptions caused by disruptions elsewhere, enhancing the degree of control Rutland has over its own decisions and ability to thrive (energy sovereignty).
What will the policy do?
Policy CC8 seeks to maximise appropriately located renewable energy generated in Rutland by establishing the areas of the County where different types of large-scale renewable energy proposals may be acceptable and setting out the criteria against which proposals will be assessed. The policy also sets out provisions for the decommissioning of renewable energy sites.
Policy CC8 - Renewable Energy Comment
The Council is committed to supporting the transition to a net zero carbon future and will seek to maximise appropriately located renewable energy generation infrastructure in Rutland.
The broad area suitable for Large Scale Wind Energy Turbines classification does not prejudice other material planning considerations, such as effects on designated sites and their interest features.
Proposals for renewable energy schemes, including ancillary development, will be supported where the direct, indirect, individual, and cumulative impacts on the following considerations are, or will be made, acceptable. To determine whether it is acceptable, the following tests will have to be met:
- The impacts are acceptable having considered the scale, siting and design, and the consequent impacts on landscape character; visual amenity; biodiversity (including priority habitats or species) biodiversity (having particular regard to effects on bird species associated with Rutland Water SPA / Ramsar and the permeability of the landscape for birds moving to and from the site); geodiversity; flood risk; townscape; heritage assets, their settings, and the historic landscape; and highway safety;
- The impacts are acceptable on aviation and defence navigation system/communications; and
- The impacts are acceptable on the amenity of sensitive neighbouring uses (including local residents) by virtue of matters such as noise, dust, odour, shadow flicker, air quality and traffic.
Compliance with part (a) above will be via applicable policies elsewhere in a development plan document for the area (i.e., this Local Plan or a Neighbourhood Plan, if one exists); and any further guidance set out in a Supplementary Planning Document.
Compliance with part (b) above will require, for relevant proposals, the submission by the applicant of robust evidence of the potential impact on any aviation defence navigation system/communication, including documented areas of agreement or disagreement reached with appropriate bodies and organisations responsible for such infrastructure.
Compliance with part (c) above will require, for relevant proposals, the primary obligation would be for the applicant to present a robust assessment that would be considered in the context of all other submissions made, and the mitigation measures proposed to minimise any identified harm.
For meeting the above criteria (a)-(c), the County Council may commission its own independent assessment of the proposals, to ensure it is satisfied to determine the degree of harm may be and whether reasonable mitigation opportunities are being taken.
In areas that have been designated for their national importance, as identified in the National Planning Policy Framework, renewable energy infrastructure will only be permitted where it can be demonstrated that it would be appropriate in scale, is located in areas that do not contribute positively to the objectives of the designation, is sympathetically designed and includes any necessary mitigation measures.
Community renewable energy proposals
Weight in favour will be afforded to renewable energy proposals where community ownership or significant benefits to local communities are demonstrated.
Additional considerations for solar based energy proposals
Proposals for the installation of solar thermal or photovoltaics panels and associated infrastructure on an existing building will be under a presumption in favour of permission unless there is clear and demonstrable significant harm arising.
Proposals for ground based solar thermal or photovoltaics and associated infrastructure, including commercial large-scale proposals, are more likely to be supported where they are within an area identified on the Policies Map or in an adopted Neighbourhood Plan and address all matters in (a) – (c) above, as well as the additional requirements of national planning policy, unless:
- there is clear and demonstrable significant harm arising; or
- where a proposal involves greenfield land, whether:
- (i) the proposed use of any agricultural land has been shown to be necessary and poorer quality land has been used in preference to higher quality land; and
- (ii) the proposal allows for continued agricultural use where applicable and/or encourages biodiversity improvements around arrays; or
- the proposal is (following a site-specific soil assessment) to take place on Best and Most Versatile (BMV) agricultural land, the proposal is part of a wider scheme to protect or enhance a carbon sink of such land or unless the agricultural production can continue during the operation of the energy generation or can recommence after the end of life of the energy generation equipment without significant impact on the quality of that agricultural land; or
- the land is allocated for another purpose in this Local Plan or other statutory based document (such as a Nature Recovery Strategy or a Local Transport Plan), and the proposal is not compatible with such other allocation.
Outside of the areas identified on the policies map, applicants will need to provide a clear justification for the suitability of the chosen development site for solar proposals. Applicants should demonstrate that the proposed location meets the criteria used in identifying the opportunity area.
Additional matters for wind-based energy proposals
Proposals for a small to medium single wind turbine, which is defined as a turbine up to a maximum of 40m from ground to tip of blade, are, in principle, supported throughout Rutland. Such proposals will be tested against criteria (a) to (c) and the additional requirements of national planning policy.
Proposals for medium (over 40m from ground to tip of blade) to large scale wind turbines (including groups of turbines) will, in principle, be supported only where they are within an area identified as an "Area potentially suitable for development of wind turbines" as identified on the Policies Map and address all matters in (a) – (c) above, as well as the additional requirements of national planning policy.
Medium to large scale wind turbines should not be within 500m of any settlement or individual residential property. Any proposal for a medium to large scale wind turbine located between 500-2000m of residential property will need clear evidence of no significant harm arising. This would include assessment of:
- noise
- flicker
- overbearing nature of the turbines (established by visual effects from within commonly used habitable rooms)
- any other amenity which is presently enjoyed by the occupier
Decommissioning renewable energy infrastructure
Where permitted, proposals will be subject to a condition that will require the submission of an End-of-Life Removal Scheme within six months of the facility becoming non-operational, and the implementation of such a scheme within one year of the scheme being approved. Such a scheme should demonstrate how the biodiversity net gain that has arisen on the site will be protected or enhanced further, and how the materials to be removed would, to a practical degree, be re-used or recycled in line with Policy CC1.
Why is this policy needed?
In June 2015 Government issued a Written Statement on wind energy development (https://www.parliament.uk/globalassets/documents/commons-vote-office/June-2015/18-June/1-DCLG-Planning.pdf) stating that, when determining planning applications for wind energy development involving one or more wind turbines, local planning authorities should only grant planning permission if:
- the development site is in an area identified as suitable for wind energy development in a local or neighbourhood plan; and
- following consultation, it can be demonstrated that the planning impacts identified by affected local communities have been fully addressed and therefore the proposal has their backing.
This has been updated in a Written Statement issued on 5th September 2023 (https://questions-statements.parliament.uk/written-statements/detail/2023-09-05/hcws1005). The Government subsequently updated the NPPF in 2023 to specify that the community's identified impacts must be "satisfactorily" or "appropriately" addressed and that wind energy development should have "community support". The NPPF now recognises that there can be diversity of opinion within the community on the acceptability of wind energy development, and therefore that there may be situations where wind energy development can be deemed permissible without it being practical to 'fully' address every concern that each community member may hold. Whether a proposal has the support of the local community is a judgement the Council will make at its absolute discretion on a case-by-case basis.
The NPPF also includes that wind energy development could also be granted through Local Development Orders, Neighbourhood Development Orders or Community Right to Build Orders. In the case of Local Development Orders, it should be demonstrated that the planning impacts identified by the affected local community have been appropriately addressed and the proposal has community support.
This Local Plan identifies potentially suitable areas for wind turbine development. Not identifying potentially suitable areas for wind turbine development would potentially make the goal of net zero carbon, whether by 2050 (UK legal requirement) or earlier (and the UK's legislated carbon budgets before 2050) harder to achieve, and result in greater pressure to adopt more revolutionary measures elsewhere. In principle, therefore, this Local Plan supports and helps facilitate the delivery of wind turbines. in addition to other forms of renewable energy generation, storage, and distribution.
Policy CC8 differentiates between small to medium scale turbines and medium to large turbines.
This Local Plan establishes that the whole of the Rutland area is potentially suitable for small to medium wind turbine development, while only the limited areas as defined on the Policies Map are potentially suitable for the development of medium to large scale turbines.
It is important to stress that the areas on Map and the Policies Map are only 'potentially suitable' for medium-large scale wind turbines: being within these locations does not mean that an application for a wind turbine or turbines would automatically be approved. It is not possible to map qualitative considerations easily and comprehensively, so such matters are considered at the point of application: all applications for wind turbines will be assessed against the detailed policy criteria set out in Policy CC8, and all other relevant policies in this Local Plan, as well as policies in any relevant Neighbourhood Plan.
Opportunity areas for potential ground-mounted Solar PV development are also identified on the Policies Map. The mapping of the areas for wind turbine development and ground-mounted Solar PV development follows a constraints-based approach as set out in the Rutland Renewable Energy Study. Various principal environmental constraints were identified across Rutland County, including the Rutland Water Ramsar Site and Special Sites of Scientific Interest (SSSI). Slope / terrain, Agricultural Land Classification (ALC), and historical constraints were also identified. All such environmental and historical constraints were avoided, development on Grade 1 and 2 ALC was ruled out, as were parcels of land with greater than 5-degree ground slope. In addition to these principal constraints, other site-specific constraints (as set out in criteria a) to c) of Policy CC8) would need to be applied in the assessment of a planning application for commercial renewable energy development together with other policies in the Local Plan and other material considerations.
The Council also recognises that, with advances in renewable energy technology, some locations that were not identified within the 'opportunity area' for ground mounted solar pv development may become suitable for development during the life of the Local Plan. Examples include where new technology allows for installation of solar pv on steeper gradients or where new electrical grid infrastructure is provided. Such proposals outside of the designated 'opportunity area' on the Policies Map would need to provide a clear justification and would be assessed against parts a) to c), the additional considerations set out for solar based energy proposals in Policy CC8 and national planning policy/guidance and other relevant policies in the Local Plan.
In accordance with government guidance, the availability of agricultural land used for food production will be considered when deciding what sites are most appropriate for development. The Council will monitor the cumulative impact of permitted large-scale solar developments on the supply of agricultural land across the County with the information used to help inform policy development and decision making.
Community benefits are a voluntary package of benefits (usually financial in nature) that renewable energy businesses provide to support communities in which they operate. Large scale ground mounted solar projects can offer a unique opportunity for communities to reap a range of social, economic, and environmental rewards. Further guidance on community benefits in relation to wind turbine development can be found in Good Practice Guidance on Community Engagement and Benefits from Onshore Wind Developments (Dept for Business, Energy and Industrial Strategy 2021).
Beyond the specific issue of wind to consider renewable energy generation as a whole, it is clear that further action (beyond existing national policy) is needed based on evidence from the Committee on Climate Change Progress Report (2023) (https://www.gov.uk/government/publications/committee-on-climate-change-2023-progress-report-government-response) which flags that although some progress has been made recently on reducing the carbon intensity of electricity, "The Government is still lacking a credible overall strategy for delivering its objective of decarbonising the sector by 2035" and "credible plans are in place for [only] around 30% of the emissions reduction required [in this sector] by the Sixth Carbon Budget".
The CCC 2023 report also notes that although renewable energy generation capacity grew in the past year, this is still behind the levels needed to hit government targets. The growth that occurred was primarily through offshore wind, while "both onshore wind and solar deployment are progressing more slowly … in part due to barriers in the planning system."
Supporting Evidence
A key consideration for this policy has been its impact on the viability of new developments.
Climate change evidence base
Renewable Energy Study Part 1 (September 2023)
Renewable Energy Study Part 2 (September 2023)
Zero Carbon Policy Options for Net Zero Carbon Developments A Climate Change Legislation
Zero Carbon Policy Options for Net Zero Carbon Developments B(i) Carbon Reduction (July 2023)
Zero Carbon Policy Options for Net Zero Carbon Developments B(ii) Risk Matrix (July 2023)
