The new changes (which are set out here) effectively override much of the power afforded to local objectors with regards to obstruction of new projects. The two tests for whether an onshore wind project will be acceptable, set out in the current version of the National Planning Policy Framework (NPPF), as of 8 July 2024 no longer apply, such that development does not have to:

1. be located in areas either allocated in a development plan or (as introduced by Michael Gove in September last year) through Local Development Orders, Neighbourhood Development Orders and Community Right to Build Orders; and,
2. have proved community support. In practice this has often been interpreted to mean that any opposition means the proposal cannot be considered acceptable [4].

As confirmed in the government’s policy statement published 8 July 2024, the removal of these tests now means that applications for onshore wind projects will receive the same treatment as other energy development proposals. Schemes now therefore need only demonstrate impacts are acceptable and there is no requirement for local support. It will be interesting to see how this national policy plays out at a local level, considering the inevitable friction with local interests, and it will remain important for promotors to consider local political factors.

In addition to the above, there are plans for wider changes to support renewable energy development (to follow in a revised NPPF later this year), together with consultation on bringing large onshore proposals within the Development Consent Order (DCO) regime to support quick determination. The latter enables decisions to be taken by the Secretary of State (i.e., nationally) rather than by local authorities, and provides for additional powers (such as Compulsory Purchase Order (CPO) powers) to be included in the order.

Despite the removal of the requirement for community support, the government still envisage that local communities will have an “essential part” to play in the planning process and will empower them to participate in decisions on local infrastructure. We can also expect an update to the Community Benefits Protocol for Onshore Wind so host communities benefit from hosting local renewables schemes. Whilst there has been some vocalised support against community benefits in the past, such as CPRE who have described them as “bribes”[5], updates are likely to support a move towards facilitating onshore wind development rather than against.

Overall, there is hope the above changes will usher in a new era for onshore wind in the UK and certainly provides a boost for the UK’s bid to achieve decarbonisation of the energy system by at least 2035 and Net Zero by 2050 [6]. There will be greater scope for development of onshore wind projects across the country going forward, particularly if the government are serious about doubling output by 2030, and developers should keep an eye out for further updates.

[1] Policy statement on onshore wind – GOV.UK (www.gov.uk)

[2] Hansard – Energy Bill, Volume 737: debated on 5 September 2023 available at: Energy Bill [Lords] – Hansard – UK Parliament

[3] Policy statement on onshore wind – GOV.UK (www.gov.uk)

[4] Policy statement on onshore wind – GOV.UK (www.gov.uk)

[5] House of Commons Library Research Briefing: Planning for onshore wind (dated 17 May 2024) SN04370.pdf (parliament.uk) at 7.3

[6] House of Commons Library Research Briefing: Planning for onshore wind (dated 17 May 2024) SN04370.pdf (parliament.uk)