The government publishes its response to the further to the consultation relating to electricity storage …

The government has published the following response to the further consultation titled "Follow up consultation on proposals regarding the planning system for electricity storage" (which ran for 8 weeks from 15/10/2019 until 10/12/2019):

  • July 2020: Proposals regarding the planning system for electricity storage - Government response to October 2019 follow up consultation (pdf) (link).

Notes:

  • The "Executive Summary" at the start of the above response document includes the following information:
    - "Following consideration of the responses provided we have decided to proceed with the proposals outlined in our October 2019 consultation. Therefore, we will legislate to:
    >>> Remove electricity storage, except pumped hydro, from the NSIP regime, both onshore and offshore, in England and Wales. This will mean that the primary consenting route for electricity storage (except pumped hydro) in England will be under the Town and Country Planning Act 1990 (TCPA). Section 35 of the Planning Act 2008 will continue to apply in England, allowing the Secretary of State to direct projects into the NSIP regime, where he considers it appropriate. In Wales, planning decisions for electricity storage (except pumped hydro) of any size will generally be consented by the relevant Local Planning Authority under the TCPA regime, whereas currently this is only the case for electricity storage (except pumped hydro) below 350MW.
    >>> To achieve this, we will bring forward two statutory instruments; one order under the Planning Act 2008 and one order under the Electricity Act 1989. These will begin their passage through Parliament on 14 July, when the first order (under the Planning Act 2008) will be laid before Parliament. Subject to passage of the instruments through the Parliamentary process we will ensure that the two statutory instruments needed to enact the proposals will come into force on the same date."
    .
    - "These changes will apply to applications for new storage facilities whether as part of a composite project or a freestanding generating station. It will also apply for extensions of storage facilities to existing consented generating stations (either granted under the NSIP regime or previously under the Electricity Act 1989) from the date the legislation comes into force. Applications for storage facilities which have already been accepted and are within the NSIP regime when the changes are introduced will continue to be consented under that regime, unless the applicant chooses to withdraw the application.".
    - "Following implementation of the two statutory instruments, the regimes relating to storage will not be fully aligned for offshore facilities between England and Wales. We are, however, working closely with the Welsh Government, who intend to put requisite legislation in place to ensure co-ordination of approaches, where it concerns electricity storage, (except pumped hydro) which is located offshore in Welsh Waters. This is to provide legal clarity; we are not aware of any such projects in the planning pipeline.".
  • Note: A DRAFT Statutory Instrument (SI) titled "The Infrastructure Planning (Electricity Storage Facilities) Order 2020" is available on this page of the government website "www.legislation.gov.uk".

Other sources of information:

  • January 2019: Consultation on proposals regarding the planning system for electricity storage (pdf) (link).
    - Note: For more information about the above document, please view this post.
  • October 2019: Follow up consultation on proposals regarding the planning system for electricity storage - Includes Government Response to original consultation (pdf) (link).
    - Note: For more information about the above document, please view this post.