Solar PV Panels (Planning)

Glyn Davies Excerpts

Wednesday 29th January 2014 Commons Chamber

[Mr Newmark]

I thank my hon. Friend. That is exactly the sort of site on which we should support the building of solar panels.

One of the planned solar panel farms in my constituency has the support of the local residents and the local parish councils and is on a brownfield site. The other has no support from local residents or the local parish councils and is on prime arable land adjacent to an area of outstanding natural beauty.

[Glyn Davies (Montgomeryshire) (Con)]

I generally support my hon. Friend’s view on alternative sites and I, too, support solar farms in the right place. Does he agree that when considering a solar farm we must take into account the power lines leading to that farm, and the impact they have on the environment?

[Mr Newmark]

My hon. Friend raises an important point. I fought a long, hard campaign in that part of north Essex to ensure that any power lines proposed were buried underground as they impinge on the environment I am seeking to protect.

Let me return to the proposal for a 300-acre solar panel farm in Foxearth and Liston as a case study for the Minister when he reflects on the planning regime for solar panels in rural locations—the subject of my Adjournment debate. A letter from the Minister of State, Department of Energy and Climate Change, my right hon. Friend the Member for Bexhill and Battle (Gregory Barker) states :

“Inappropriately sited solar PV especially in the countryside is something that I take extremely seriously and am determined to crackdown on…support for solar PV should ensure proposals are appropriately sited, given proper weight to environmental considerations such as landscape and visual impact, heritage and local amenity, and provide opportunity for local communities to influence decisions that affect them.”

Given that excellent guidance from the Minister, given the quality of land under consideration—it is grade 2 agricultural land and protected as such under the national planning policy framework—and bearing in mind the almost unanimous opposition to acres and acres of solar panels blighting some of the most beautiful countryside, not just in Essex but in the country, the siting of this solar panel farm, unlike the one at Gosfield, is wholly inappropriate.

Unfortunately, notwithstanding the extremely helpful guidance from the DECC Minister, planning officers at Braintree district council take a very different line. Indeed, they say that the Minister’s letter is not worth the paper it is written on. They state that unless Department for Communities and Local Government planning regulations are changed specifically from those indicated in planning practice guidance for renewable and low-carbon energy, dated July 2013, to exclude grades 1 to 3A prime agricultural land, permission is likely to be given to the planned solar farms under current regulations.

In fact, the planning officer is minded to give planning permission for the initial 40-acre solar farm on the basis that the developer will abide by section 27 of the planning practice guidance for renewable and low-carbon energy, which states that

“particular factors a local authority will need to consider include: encouraging the effective use of previously developed land, that it allows for continued agricultural use and/or encourages biodiversity improvements around arrays”—

I assume that arrays are solar panels. The planning officer said that if the biodiversity condition is met, he is likely to give planning permission for the initial 40-acre plot. To my mind, that is absurd. It is absurd because he says that local objections are of little relevance and that the visual impact has little bearing on his decision, even though it abuts an area of outstanding natural beauty. It is absurd because as long as the proposal ticks his biodiversity box, such as sheep grazing among the solar panels, it is likely to go ahead.

Imagine, Madam Deputy Speaker, a Constable painting of some of the most beautiful Essex countryside, with sheep gently grazing amid 300 acres of 8-foot high metal solar panels. That goes beyond the imagination of even the most avant-garde surrealist and Dadaist painter. I strongly believe that the planning officer should take the other points from the DECC Minister’s letter into account, which the planning officer says has no basis in the guidelines.

Braintree district council tells me that it will, under current regulation, approve the application, given that it is for a temporary installation. However, given the damage that will be done to the area, I do not believe 25 years is temporary. Does the Minister honestly believe we should be building on some of the best food production land in Essex? Me thinks not.

The provisions of the national planning policy framework requiring “a demonstration of necessity” in selecting high-quality arable land over low-quality land are too often ignored by local planning authorities. Planning authorities seem too ready to compromise on their policies to accommodate such applications, and they remain behind the curve in taking Government guidance on board. That is the exact problem in my constituency, where planning applications have been made for solar panels to be placed on hundreds of acres of prime agricultural land. The planning framework needs to demonstrate more clearly the need to spare at least grade 2 agricultural land from being covered with solar panels. I believe the guidance should direct local planning authorities to consider roof tops and brownfield sites such as the Gosfield proposal for the installation of solar panels.

Given the DECC Minister’s guidance in his letter of 14 October, more needs to be done in the legislation, not just the guidelines, to impress upon local planning authorities the importance of not building on prime agricultural land. The DECC Minister has made it abundantly clear that agricultural land must not be used for solar farms, and that such installations should be directed towards brownfield sites, and commercial and industrial roof spaces, but there is so far little evidence that his words are getting through. A clear directive to local planning authorities in that regard by the Minister is obviously overdue, and a reassessment of the incentives and sanctions should be considered. Planning authorities must be given clear instructions as to their legal obligations in that regard, such that they comply with the law.

In addition, there should be an environmental impact assessment, which for some reason is not a condition for siting solar panels in rural areas, although it would be a requirement if one of the cottages in the same area wanted to build a garage. I do not understand why 8-foot high solar panels on between 40 acres to 300 acres should not be subjected to an environmental impact assessment, especially in cases such as the one I have described, in which the environmental impact through blight is high. Nevertheless, local planning authorities often elect not to call for an environmental impact assessment. It would appear that, because the operation of generating electricity by such means is clean, does not appreciably degrade the site on which panels are situated and is “of only local importance”, no environmental impact assessment is considered necessary. In reality, such installations fundamentally alter the character and visual environment of the location in which they are situated.

Overall, Government directives and letters from the DECC Minister appear to be having little effect in countering the headlong drive on the part of developers and landowners to get into the solar farm business by taking over food producing land, especially high-quality agricultural land, suggesting that the incentives may have been incorrectly set, or that the available sanctions are not being applied with sufficient rigour. I would like the Minister to consider changing the legislation to ensure that local planning authorities can consider the quality of land, the visual impact on the countryside and the views of local people before granting permission for solar panel farms to be built.

I have three specific questions for the Minister. First, can he confirm that the Government will issue updated planning practice guidance that explicitly states whether agricultural land classified as being the “best and most versatile”, meaning grades 1, 2 and 3a, is suitable for use as a solar farm? Secondly, does the Minister know of any plans to update the environmental impact assessment regulations in respect of solar farms, and specifically the criteria and thresholds for the purposes of the definition of schedule 2 development, meaning the thresholds at which the regulations suggest that an environmental statement is likely to be required in support of a planning application?

Thirdly, following publication by the Government of the “Solar PV Strategy Part 1” in October 2013, will the Minister give an update on the scheduled date of publication for the widely anticipated solar PV strategy that has previously been scheduled for publication in spring 2014? Will the advice in that document replace the current planning practice guidance?

I would like to end by thanking Braintree district councillors Julian Swift and Jo Beavis; the planning officers at Braintree district council; Nigel Harley; Clive Waite of the upper Stour valley renewable energy joint committee; and the residents of Foxearth, Liston, Pentlow, Belchamp St Paul and Belchamp Otten for their valuable input to my speech. I thank the Minister for taking the time to listen to the concerns of my constituents and I look forward to his response.