Infrastructure Planning (Onshore Wind and Solar Generation) Order 2025

Lord Hunt of Kings Heath Excerpts

Tuesday 6th May 2025 Grand Committee

Moved by

[Lord Hunt of Kings Heath]

That the Grand Committee do consider the Infrastructure Planning (Onshore Wind and Solar Generation) Order 2025.

Relevant document: 20th Report from the Secondary Legislation Scrutiny Committee

[The Minister of State, Department for Energy Security and Net Zero (Lord Hunt of Kings Heath) (Lab)]

My Lords, this instrument, which was laid before the House on 10 March 2025, is another important step in supporting the deployment of onshore wind and solar, which are critical in achieving the Government’s clean energy superpower mission, including clean power by 2030. An effective planning system is key to unlocking the new infrastructure that our country needs to underpin our energy security and resilience. It is important that planning applications are determined through an appropriate planning route that reflects a project’s size, impact and complexity and in which potential issues are identified and mitigated as necessary.

The nationally significant infrastructure projects—NSIP—regime is governed by the Planning Act 2008, where decisions on development consent are made by the Secretary of State for the Department for Energy Security and Net Zero. The NSIP regime applies to larger projects, with a megawatt threshold determining which energy-generating projects are deemed nationally significant. The NSIP regime provides the largest, most important projects of strategic importance with a single unified approach to seeking development consent, where applications are determined by Ministers balancing local impacts against the wider national benefits. Following submission, an extensive examination period will commence whereby interested parties, including local authorities, people of office and the general public, can make written or oral representations to the examination. This ensures that the voices of communities are heard during the decision-making process.

Until recently, a de facto ban on onshore wind generation in England severely limited deployment. Changes introduced in 2015 saw stringent tests introduced into planning policy alongside the removal of onshore wind generation from the NSIP regime in 2016. These changes set an almost impossible bar to meet, resulting in the pipeline of projects sinking by more than 90%, with only 40 megawatts of onshore wind generation consented and becoming operational in the intervening period.

In July 2024, this Government disapplied those planning policy tests and committed to reintroducing onshore wind into the NSIP regime, reversing the damaging policies of the past decade and placing onshore wind on the same footing as solar, offshore wind and nuclear power stations. As such, through this instrument, onshore wind projects with a generating capacity of more than 100 megawatts in England will be consented under the NSIP regime. The 100-megawatt threshold reflects the advances in turbine technology over the past decade, with modern turbines being larger and more powerful. Reintroducing onshore wind into the NSIP regime will provide an appropriate route for nationally significant projects to seek planning consent where they are of a scale and complexity that can carefully balance local impacts against national benefits and meet the UK’s wider decarbonisation goals. This will provide greater confidence for developers and incentivise bringing forward projects.

Solar has been subject to a 50-megawatt NSIP threshold since it was originally set in the Planning Act 2008. However, much like onshore wind, solar panel technology has seen significant advances in efficiency, enabling a greater megawatt yield per site. Evidence suggests that the 50-megawatt threshold is now causing market distortion. With modern technology, mid-sized generating stations now have a generating capacity greater than 50 megawatts and therefore fall within the NSIP regime. We think this is likely to be disproportionate to their size, scale and impact, and it has resulted in a large amount of ground-mounted solar projects entering the planning system and artificially capping their capacity at just below the 50-megawatt threshold, leading to the potentially inefficient use of sites and grid connections. Therefore, this instrument raises the NSIP threshold from 50 megawatts to 100 megawatts for solar to ensure that mid-sized projects have access to a more proportionate planning route via planning authorities, which should incentivise those projects that would otherwise have capped their capacity to develop to a more optimal and efficient scale.

The Government are also mindful that mid and large-scale solar and onshore wind projects are preparing to enter the planning system and may have already invested and undertaken preparatory steps with the expectation of entering a specific regime. Changing the NSIP at short notice could result in projects entering a different regime than expected, with the potential to increase costs to developers or cause delays.

Therefore, the instrument also makes transitional provisions for onshore wind and solar projects that are already in the planning process when this order comes into force. These provisions will ensure that projects already progressing under one legislative regime will not be required to move to a different regime as a result of the order.

Through consultation, the Government sought views and supporting evidence on reintroducing onshore wind into the NSIP regime at an appropriate threshold and revising the existing threshold for solar. We received a range of responses; most respondents agreed with the proposed approach of reintroducing onshore wind into the NSIP regime, with a majority in favour of a 100-megawatt threshold. While we initially consulted on a 150-megawatt threshold for solar, based on further assessment and analysis of consultation responses, we concluded a 100-megawatt threshold would be more appropriate and better reflect modern technology.

In conclusion, we see this instrument as being another important step in delivering clean power, supporting the deployment of onshore wind and solar and establishing the UK as a clean energy superpower. It supports an effective planning system that will ensure that applications are processed efficiently through the appropriate regime and will avoid distortionary effects on deployment. These measures ultimately aim to support future energy security and resilience alongside our 2030 goals and wider decarbonisation targets. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to the Minister for setting out the contents and the wishes of the department in this document. Personally, I am very disappointed that we are where we are. I am a veteran of pylon applications; I was fortunate enough to be elected to the Vale of York in 1997, where there was already a long line of pylons going through the heart of the Vale of York to be joined by another, even bigger, line of pylons within a matter of months of my election. We were promised that the original line of pylons would be removed because it was thought that both would not be needed and they are, of course, unsightly.

I prefer the situation we had under the outgoing Conservative Government.There was virtually a moratorium on onshore windfarms for a number of reasons. The Minister is potentially going to see a great deal of discontent from residents and communities along the route of the overhead pylons will inevitably follow, particularly onshore windfarms. To take the example of offshore windfarms, there are three stages to the application process. When there is an application for an offshore windfarm, everyone thinks, “Oh great, that won’t affect me out there at sea”. Then the second stage of the application is for a massive substation to bring the electricity on land. The third, and completely separate, stage of the application is that suddenly—hey presto—we are going to have overhead pylons to feed the electricity into the national grid. How many applications does the Minister think will fall under this new decision-making regime where onshore windfarms will be decided by the Secretary of State? How many lines of pylons does he envisage will follow on from the applications? Will his department come forward and dictate that these overhead wires should be converted to underground wires?

Alternatively, does he accept—he knows that this is a theme I have pursued quite religiously with him over the past few months—that, if an onshore wind farm is built in, say, the north of England, or in Yorkshire more specifically, the electricity generated will serve the local community? It is colder in North Yorkshire than in many parts of the rest of the country, and we have a distinct lack of electric vehicle charging points. If an onshore wind farm will be built, I see absolutely no reason why the electricity generated cannot serve the population living locally.

I regret the statutory instrument in the department’s name that the Government feel is appropriate or necessary. Solar farms of the size that the Minister is talking about—those of 100 megawatts—will take the decision out of local communities. Again, I would be interested to know how many he envisages there will be. His department, DESNZ, will not lead to many des reses. We will not have many desirable residences along the routes of these overhead pylons. In the case of the solar farms, how will the electricity generated—presumably in the gift of the Government—enter the national grid to feed into the hungry south, leaving the rest of us in heat poverty in the north?

With those few remarks, I regret that the statutory instrument was brought before us. If we learn one thing from the massive outage in Spain, Portugal and parts of France last week, it is that we are becoming completely too reliant on very unreliable sources of energy—sunshine and wind—because the sun does not always shine, and the wind does not always blow.

--- Later in debate ---

[Lord Offord of Garvel (Con)]

I thank the noble Lord for his intervention. However, we are now dealing with a moving landscape and we have an accelerated programme on decarbonisation, which goes beyond what was set previously with the target for 2030. This is critical. This road map is critical to that, and so I am right to question whether these targets are real. They are moving around; they seem to be moving on an arbitrary and accelerated basis. I think it is relevant to ask the question about how these targets are moving, as the order as it stands risks damaging both the democratic process and the long-term success of our energy future.

[Lord Hunt of Kings Heath (Lab)]

My Lords, it has been a really interesting debate. First, I say to the noble Baroness, Lady McIntosh, that her views are not surprising, as she has managed to convey this to me over the last few months. Interestingly enough, I was interested in the comment made by the noble Lord, Lord Teverson, about EV chargers in Yorkshire because, as the noble Baroness knows, we had an Oral Question about electric vehicles two weeks ago. When I said that we were making progress in rural areas, she gave me the sort of look that suggested that she did not really quite take my point. But we are making progress; certainly, by 2030, we expect to see many thousands more chargers available, including in rural areas. I take the point, and I am not seeking to disagree with the general thrust that, to make this really work, we need to have chargers available to people in rural areas. But we think we are making progress.

On the onshore wind applications, we estimate—and I cannot commit to this—that there could be one or two projects per year entering the NSIP regime.

We do understand that pylons are not going to be popular. The issue, as always, is that undergrounding is much more expensive. The figures that we have are very rough estimates, but they indicate that under- grounding is perhaps five to 10 times more expensive. As part of the trade-offs that we see in this area, I am afraid that we will continue to have to use pylons.

On whether onshore wind energy will serve local communities, one of the benefits of lifting the de facto ban and allowing onshore wind projects to build again in England is, of course, to ensure that clean, homegrown energy is being produced closer to centres of demand. In our various debates today, we touched upon REMA, the review of electricity markets arrangements; of course, we are looking at one of the options for zonal pricing, which we are considering alongside other options for reform of the national wholesale market, but it would strengthen locational operational signals in the electricity market.

By implication, the noble Baroness raised the issue of cumulative impact; she mentioned in particular offshore wind leading to substations then grids. We are commissioning NESO to develop a strategic spatial energy plan, which will, in one case, support a more actively planned approach to energy infrastructure across England, Scotland and Wales, both at land and at sea. It will do that by assessing and identifying optimal locations, quantities and types of energy infrastructure required for generation and storage across a range of plausible futures. The first iteration of the SSEP is due for publication in late 2026. That is not a direct response to the noble Baroness, but it shows an understanding of what she is saying.

The noble Lord, Lord Deben, has talked to me about Suffolk and Sizewell; I will not tempt him to intervene, though I fear I may have just done so. I met local authority leaders in Suffolk last week to discuss their issues with cumulative impact. One issue is about different operators bringing separate applications that conflict, as well as the challenge that a local authority has in dealing with both that and the accumulation. It is something that we well understand.

The capacity of local planning authorities is of course an important consideration. Local government has concerns and challenges around this; again, Suffolk local authorities raised the issue with me. There will be a review of resourcing in key organisations across the planning system to determine whether they are suitable for handling an increased number of projects in the coming years. I should say that these issues also relate to my own department, because of the national applications that the Secretary of State has to consider, as well as to Natural England and the Environment Agency. If we are to reform the planning system in the way we wish, these matters need careful consideration.

On local concerns, the noble Lord, Lord Teverson, is clearly right that this will allow more applications locally because the bar will be raised in relation to the areas I have talked about. As the Planning Minister in our department, I see the projects that come through for national consent; they are extensive in setting out the examination process, in which communities have extensive engagement opportunities. I want to make it clear here that, for the applications that come through the NSIP programme, we ensure that local views are taken into account by decision-makers.

On post-implementation monitoring, the impact assessment sets out a number of metrics that will monitor this legislative change, including the volume of applications coming forward; the size and scale of projects; and the average cost and times of receiving consent. I am grateful to the noble Baroness, Lady Hayman, for what she said and for her work in this area. It is nice to see that the Government are coming forward with proposals that are very much in line with her previous amendment.

On the issue of warehouse roofs and commercial roofs, and the earlier discussion about new housing, my understanding is that this is a matter for building regulations. There is discussion across government in this area, and I cannot go any further than what I said earlier this afternoon: we clearly see the potential here and we want to take advantage of it.