Partner, Co-head of Utilities, Planning and Infrastructure Consenting
London
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The total ‘Net Zero Strategy’ suite of documents is now nearly 3,000 pages.
Alongside the publication of Powering Up Britain: Net Zero Growth and Energy Security Plans, DESNZ also published a suite of revised draft Energy NPS for consultation and a further six documents since. There are now 19 policy documents, which will guide decision-making on major energy infrastructure projects.
The publication of all the draft Energy NPS marks a highly anticipated and important step - the current NPSs are over a decade old and the previous consultation drafts were issued in September 2021. In this second bulletin in our Energy NPS series, we look at the key changes from the first revised draft NPS and how it affects renewable electricity generation but with a particular focus on technologies in the marine environment - offshore wind and tidal energy. Our next bulletin will focus on onshore renewable technology.
The headlines are that:
- There are many positive steps for the energy industry and consenting, the updated draft EN-1 re-emphasises that the majority of new generating capacity needs to be low carbon. There is clear direction in favour of the presumption of the delivery of new energy infrastructure required to deliver net zero.
- There is a recognised “urgent” need for implementation of new electricity generating capacity to meet energy objectives and statutory targets for the sixth carbon budget.
- There is a critical national priority (CNP) for the provision of nationally significant new offshore wind infrastructure including its supporting onshore / offshore network infrastructure and related reinforcements (CNP Infrastructure).
- There is anticipation that future development may occur in rounds or piecemeal – possibly outside Crown Estate leasing rounds which will be welcome by industry.
- Consultation and guidance is still eagerly awaited and urgently required on the most difficult issues that developers face offshore in relation to environmental habitat assessment and strategic compensation.
As a reminder, the draft Overarching National Policy Statement for Energy (EN-1), together with draft NPS for Renewable Energy Infrastructure (EN-3) are critical national policy documents for decision making in relation to renewable energy generation projects offshore and in the marine environment including nationally significant infrastructure projects (NSIPs):
- (1) Any relevant DCO applications relating to energy NSIPs must be determined in accordance with the designated NPS (subject to certain caveats). This includes offshore wind and tidal stream >100MW in England and >350MW in Wales or where proposals whose capacity is below the relevant threshold, or offshore transmission directed into the NSIP regime under section 35 of the Planning Act 2008.
- (2) The Marine Management Organisation (MMO) in determination of applications under section 36 and section 36A of the Electricity Act 1989 where they relate to a generating station in English waters and are under the above thresholds
- (3) Variations to existing consents under section 36C of the Electricity Act 1989 for which they may be a relevant consideration.
- (4) They may also be a material consideration in the determination of ancillary on-shore infrastructure applications made under the Town and Country Planning Act 1990.
- (5) They may also be a relevant consideration in decisions undertaken in Scotland and Wales. Although the Secretary of State will not examine generation applications in Scotland, Draft EN-3 may still be a relevant energy policy consideration by the Scottish Ministers, Marine Scotland or planning decisions. The Secretary of State also has no functions in relation to applications in Wales that do not relate to nationally significant infrastructure but again they may be relevant to decisions by the Welsh Ministers, Natural Resources Wales or planning decisions.
