Wind Turbines (Minimum Distance from Residential Premises) Bill [HL]
Debate between Lord Willoughby de Broke and Baroness Hanham
Baroness Hanham
My Lords, the noble Baroness has intervened a little before I got to the conclusion of my remarks. However, it would be sensible for me to address her concerns now and to say that of course the matters that she has raised in her speech today will be referred on; I will make sure that they are.
Returning to where I was, technological advances in radar, for example, could overcome current objections on radar grounds. Future turbine designs could be quieter than the turbines being erected now. Our approach to localism means that we want communities to be able to shape and influence new developments—[Interruption.] I do not think that my remark justified that thunder!
I am concerned that even small-scale or community-backed developments could be inadvertently ruled out through fixed separation distances. I accept that the Bill makes some allowance for flexibility where local agreement is reached, but there are flaws in this approach.
On the planning policies coming forward, the current approach is looking at each proposal on its individual merits within the context of the local council’s development plan; that is well established. It enables a flexible and customised approach to be taken to each proposal. Decisions on applications such as wind farms are therefore taken on a site-by-site basis. This enables impacts such as noise and shadow flicker to have tailor-made assessments using recognised methodologies rather than being judged against an arbitrary separation distance. It enables the impact on the surrounding landscape to be considered, and for topography to be taken into account. That case-by-case approach is evidence based. I am not aware of any evidence which supports the thresholds proposed in the Bill. I am afraid to say that they appear to be quite arbitrary.
Noise issues were referred to by the noble Lord, Lord Greaves, and several other noble Lords. It might be helpful if I told the House that the Department of Energy and Climate Change is currently undertaking research to analyse how noise impacts on, and is considered in, wind farm planning applications in England. The aim is to ensure that noise assessments are consistent and effective, and provide the intended level of protection from noise impact. The results of this research are expected to be published in the next few weeks. I hope that that will address some of the points that have been raised.
On planning, we are in the middle of major reforms to the planning system. We are taking forward major changes to the way planning decisions are approached and we are firmly committed to decentralising power to local authorities and communities. The creation of neighbourhood plans will help with this. My noble friend’s Bill unfortunately cuts right across our proposals for localism. By prescribing in legislation separation distances, it is setting out—actually imposing—the type of top-down approach from which we want to move away. I, of course, recognise that the Bill is intended to apply also to major infrastructure projects as well as to proposals decided by local councils, but in fact because of the way it is drafted it does not, unfortunately, fulfil this ambition.
Over the past few months we have been working hard to put together the new national planning policy framework. This will simplify the reams of existing planning policy. Part of it will cover renewable energy. It will be published for consultation and I am sure noble Lords will ensure that we have an opportunity to discuss it in this House. I believe that its approach to localism and the importance it places on protecting the environment will be reassuring.
We want to reward those communities that welcome development and help deal with the demands for supporting infrastructure that may arise. Specifically, our commitment to the local retention of business rates generated by renewable energy developments will reward communities who host these developments.
Focusing on the detail of the Bill, if it were to progress further, a number of technical drafting issues would need to be addressed for it to become a workable piece of legislation. For example, it would need to clarify what is meant by “relevant authority”. The reference to “government department” in the definition of “relevant authority” could imply that my noble friend intended that his Bill should apply to all wind turbine proposals, but I am not clear whether this is the case. Is it meant to include within its scope those wind farm proposals which are considered to be major infrastructure proposals as well as those decided by local authorities or by the Secretary of State if the local decision is appealed? However, under the Planning Act 2008, nationally significant infrastructure projects require development consent rather than planning permission. The Planning Act removes the need to obtain planning permission, so as drafted the Bill would not apply to wind farms with an installed capacity of more than 50 megawatts.
The exception provisions in the Bill may not empower all those who live in properties within the thresholds to be involved in the written agreement process. That point was raised by the noble Lord, Lord Greaves. Owners do not necessarily live in the properties they own; they can rent them out. The Bill would also need to be amended to clarify the position with regard to leaseholders. Would they be classed as an owner, or would “owner” include only the freeholder? I am also unclear as to how a “relevant authority” might be expected to ensure that written agreements are not elicited by unlawful or pressurised means. How do we stop this becoming a charter for bureaucrats laying down their view of the law?
I have other concerns, but my final point is that by setting such rigid separation distances and linking them to the height of the turbines, the Bill could actually lead to perverse outcomes—and I suspect not at all the sort that my noble friend has anticipated. I wonder whether, as a way of getting round the Bill’s provisions, we will simply see proposals being submitted for turbines which cluster just below the height limits. Instead of submitting a proposal for, say, four turbines of a particular height, a developer might bring forward a greater number of smaller ones just to get around the relevant separation distance limitation, so in the end the impact could be greater.
I conclude by restating that by imposing rigid separation distances, the Bill would cut across the Government’s reforms to deliver localism and the decentralisation of power. Ruling out what could be suitable sites on an arbitrary basis could hinder our ability to meet our ambitious but necessary renewable energy and climate change commitments. I understand that wind farm proposals, and even individual wind turbines, can cause a great deal of concern in communities about the impacts that they might have—we accept that—but I do not believe that this Bill is the way to address these matters.
It is normal practice for the Government not to support or oppose Private Members’ Bills and I do not propose to break that convention. However, I ask my noble friend to consider the extent to which the localism agenda will address his concerns, and how he might contribute to the national planning policy framework on this matter through the forthcoming consultation.
Lord Willoughby de Broke
My Lords, will the noble Baroness clarify one point? She said, rather encouragingly, that the Government wanted to move away from the top-down planning structures that we have seen in the past. Under their policies, including the Localism Bill, perhaps local people will have more of a say on wind farms. Does that mean that there are no proposals to reinstate the Infrastructure Planning Commission that was dismantled, but would have had the power to override local decisions, and thus render null and void the decisions of local people and local authorities? That was the specific role of the IPC. Is there a “son of the IPC” in the making, or has it been abandoned?
Baroness Hanham
My Lords, the son of the IPC will be the Secretary of State. These matters will be brought back under democratic accountability and the final decision will be made by a Minister or the Secretary of State. It will not and cannot be made by the IPC alone. I should add that neighbourhood planning will also be helpful and effective in this matter.