Draft Infrastructure Planning (Onshore Wind Generating Stations) Order 2016

Alan Whitehead Excerpts

Monday 22nd February 2016 General Committees

[Dr Alan Whitehead (Southampton, Test) (Lab)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Nuttall.

The order is a straightforward, almost elegant piece of secondary legislation. As we discussed in our deliberations on the Energy Bill, it will ensure that onshore wind applications of more than 50 MW are decided by local authority planning arrangements, rather than by reference to the Minister under the terms of the 2008 Act. From my reading of the text, that gives rise to very few consequentials, but that does not mean there are none overall. Has the Minister discussed with other Departments, particularly the Department for Communities and Local Government, what the consequences will be for existing planning arrangements? I will give two brief examples of consequentials that I feel might arise.

First, the existing planning application guidance for local authorities will necessarily be deficient in the new circumstances, because applications for wind stations of more than 50 MW have essentially, up to now, not come before those authorities. I am particularly keen to ensure that planning applications for onshore wind farms of more than 50 MW are actually in the hands of local authorities and of no one else. However, there is, and will remain, an appeal process to planning inspectors and there is the possibility that the process will be undertaken not by the local authority concerned. It therefore seems particularly important that proper guidance is in place as to the extent of such appeals and the circumstances in which an inspector might intervene in the process. Has the Minister had the chance to talk to the DCLG about that consequence?

Secondly, the 2008 Act generated substantial books of national planning policy guidance. Onshore wind was a part of that guidance but will no longer be—in theory, and probably in practice—as a consequence of the proposed change. Therefore, it ought at least to be considered whether the existing national planning policy guidance needs to be amended.

Those are two examples of consequences of a statutory instrument that is otherwise relatively unencumbered by consequences. There is, however, one other point on which I would like briefly to detain the Minister. The order contains essential instructions and guidance regarding applications that are already under way. The order will come into effect the day after it is made, but there will be schemes that were started in different circumstances and have not yet come out of the pipeline for final consideration. Does the Minister have a view as to what would happen were any scheme presently in the pipeline, and therefore covered by the transitional clauses, to wish to be considered by a local authority? Is it her understanding that the order would be a bar to that happening, or are there circumstances in which a requirement to continue to work according to the 2008 Act could or should be waived?

I would be most grateful if the Minister shed some light on my questions. In the circumstance of light being properly shed, I imagine that we could agree the statutory instrument and not divide the Committee.

--- Later in debate ---

[Andrea Leadsom]

The national planning policy framework encourages local councils to consider identifying suitable areas for renewable energy; equally, local neighbourhood plans can identify sites. As I have said to the hon. Gentleman, it is absolutely the case—it was in our manifesto—that we are determined that local communities have the final say, so he is exactly right: in the event that the local authority cannot get the backing of the local community, it will turn down that application, and that is the point about our manifesto commitment.

Moving on to the point made by my hon. Friend the Member for Waveney, I am grateful for his support for the measure, which takes local planning absolutely to the forefront for all onshore wind. I am also grateful to my hon. Friend the Member for Montgomeryshire for raising the very important point about how, under devolution, the Welsh Government decide how they intend to hear onshore wind farm applications. I can only confirm to him that it will be for them to decide, and I share his concern that given that this Government’s policy is to ensure that local communities have their say and have the last word, it will be unfortunate if that is not the case in Wales for those in his community who want it to be, but this is a devolved matter and it will be for Welsh Ministers to decide.

[Dr Whitehead]

The Minister has made it clear that the commitment in the Conservative manifesto was that local authorities should have the final say. The concern that I raised in my initial comments—my hon. Friend the Member for North Durham has alluded to this— was what guidance will be in place on local authority actions once the Minister has relinquished her authority under the previous legislation to consider applications, so that local authorities really do have the final say and other factors do not come into play. It seems to me that the guidance would necessarily have to spell that out fairly clearly, either where a local authority is minded to turn down the application because there is a great deal of local opposition or good planning grounds to turn it down, or where a local authority, because there is massive local public support, is very much minded to agree an application and has the policies in place to back that up.

[Andrea Leadsom]

As I think I said, the national planning policy framework encourages local authorities to identify sites that are suitable for renewable energy. It also encourages neighbourhood development plans to do the same. I want to be clear that this Government believe in devolving powers to local authorities. We made a manifesto commitment that local communities will have the final say on onshore windfarms.