Electricity Act 1989
This Act provides the core legislation for planning consents for the construction and operation of generating stations within England and Wales. Under Section 36 of the Act, any energy installations greater than 50 megawatts onshore and 1 megawatt offshore are referred to the Secretary of State for Trade and Industry. Smaller generating stations onshore are referred to the relevant local planning authority (LPA).
All planning proposals must address concerns about potential local environmental impacts, and effects on the community, etc. All Section 36 proposals must be submitted with an Environmental Impact Statement (ES). LPAs can also request an ES for non-Section 36 proposals. However, the development of renewables must be kept in the overall context of climate change and improving security of energy supply.
Public participation
Individual planning applications are placed on the planning register and are available for public inspection. The public can participate in the LPA process by commenting on regional and local development strategies. LPAs will be required to prepare a Statement of Community Involvement under provisions in the Planning and Compulsory Purchase Act 2004.
The public are able to engage in public consultation on wind farm proposals under Section 36 of the Act during:
- pre-application stage: when the developer assesses the likely local reaction
- application stage: public notice is given when applications are submitted to the Secretary of State
- public notice stage: the public have a specified period to register objections with the Secretary of State
- LPA local consultation: where planned development is within the jurisdiction of an LPA
- Secretary of State’s consideration stage: objections registered in time count as ‘qualifying objectors’ and objectors are automatically entitled to appear at any public inquiry.
You can view The Electricity Act 1989 here.