28 Energy

28 Energy

National policy

28.1 The NPPF identifies that strategic policies should make sufficient provision for energy, including heat (paragraph 20). In paragraph 160, the NPPF highlights that when located in the Green Belt, elements of many renewable energy projects with comprise inappropriate development.  In such cases, developers will need to demonstrate very special circumstances, which may include the wider environmental benefits associated with increased production of energy from renewable sources.

28.2 The NPPF sets out that to help increase the use and supply of renewable and low carbon energy and heat, plans should: 

  1. provide a positive strategy for energy from these sources, that maximises the potential for suitable development, and their future re-powering and life extension, while ensuring that adverse impacts are addressed appropriately (including cumulative landscape and visual impacts);
  2. consider identifying suitable areas for renewable and low carbon energy sources, and supporting infrastructure, where this would help secure their development; and 
  3. identify opportunities for development to draw its energy supply from decentralised, renewable or low carbon energy supply systems and for co-locating potential heat customers and suppliers.

28.3 The NPPF also state that once suitable areas for renewable and low carbon energy have been identified in plans, local planning authorities should expect subsequent applications for commercial scale projects outside these areas to demonstrate that the proposed location meets the criteria used in identifying suitable areas. Renewable and low carbon development over 50 megawatts capacity can be considered by the Secretary of State for Energy under the Planning Act 2008.

Evidence base

Key issues

  • The Landscape Sensitivity Study (2016) identifies that landscape character sensitivity significantly limits the potential for medium (6ha-15ha), large (15ha-25ha) and very large (over 25ha) solar farms.  It also limits potential for medium scale turbines (30m-80m height to blade tip) and larger turbines (8m-130m+ height).
  • Numbers of applications for solar energy (building mounted, ground mounted and large solar farms) within Cheshire West seem to be increasing.
  • Government support for renewable energy changes over time.  The current government are more supportive of solar and wind energy.
  • Cheshire West and Chester has good potential for development of geothermal energy, but proposals have not yet been put forward.
  • National Energy Systems Operator will prepare Regional Energy Strategic Plans.  The plans will be consulted on later in 2025 and the first plans are due to be delivered by the end of 2027.  These plans will need to be taken into account in the energy policies in the new Local Plan.
  • Cheshire West and Chester does not currently have a Local Area Energy Plan (LEAP), which helps to identify ways to meet net zero targets, but it is likely that a LEAP will be prepared in future, possibly at a sub-regional level
  • The HyNet North West project includes proposed pipelines, hydrogen production, carbon capture and associated developments within Cheshire West and in neighbouring areas.  HyNet involves industrial decarbonisation and by producing low carbon hydrogen.  Some parts of this project are Nationally Significant Infrastructure Projects and therefore require development consent from the Secretary of State rather than the local authority.  However, some parts of the project will be dealt with via planning applications to Cheshire West and Chester.
  • Production of hydrogen can take different forms: ‘green hydrogen’ is generated via electrolysis of water; ‘blue hydrogen’ is generated from natural gas and the carbon is captured and used or stored; ‘grey hydrogen’ is produced from natural gas and results in significant carbon dioxide emissions.  The different forms of hydrogen production have significantly different levels of emissions and require different amounts of water.

Current adopted policy

     
Local Plan (Part One) ENV 7 Alternative energy supplies
 		 Supports renewable and low carbon energy proposals, subject to certain criteria.  Encourages development to supply or connect into a district heating network.  Supports proposals to exploit the borough’s alternative hydrocarbon resources.
Local Plan (Part Two) M 4 Proposals for exploration, appraisal or production of hydrocarbons
 		 Sets criteria for the assessment of proposals for oil and gas development.
Local Plan (Part Two) M 5 Restoration of minerals and oil and gas sites
 		 Identifies that proposals for minerals development and oil and gas development will be supported where schemes include an appropriate phased sequence of extraction, restoration and after use and aftercare.  Sets out criteria for the assessment of proposals for the restoration and aftercare of minerals and oil and gas sites.
Local Plan (Part Two) DM 51 Wind energy
 		 Supports proposals for wind energy developments, subject to certain criteria.
Local Plan (Part Two) DM 52 Solar energy
 		 Supports proposals for solar energy developments, subject to certain criteria.
Local Plan (Part Two) DM 53 Energy generation, storage and district heat networks
 		 Supports proposals that make maximum use of renewable energy sources, provide for electricity storage and enable the establishment or expansion of district heat networks.
Supports proposals for energy related development, subject to certain criteria.

Suggested policy approach

28.4 Retain, amend and combine the existing policies Local Plan (Part One) policy ENV 7 and Local Plan (Part Two) policies M 4, M 5, DM 51, DM 52, DM 53, and add criteria relating to other forms of solar energy development, taking into account that most on-building solar development will now be permitted development.

EN 1

Proposals for developments providing new energy supplies or energy related development will be supported where they meet the following criteria: 

  1. Wherever possible, schemes should be located on previously developed land and/or in industrial areas and in areas close to existing users/demand or supplier of the energy, fuel and/or heat.
  2. The proposals do not limit the range and choice of employment land in the area;
  3. The proposals do not adversely impact on neighbouring land users, or on the commercial / operational requirements of surrounding businesses;
  4. Where development is proposed on agricultural land, site investigations must be undertaken and the best and most versatile land must be avoided in favour of lesser quality land. Proposals must demonstrate how the site can be reinstated to its previous use and condition once the operational lifespan of the development has been reached;
  5. The cumulative impacts of existing and proposed developments on the landscape, natural environment and surrounding users will be acceptable; 
  6. Wherever possible, the proposals use existing power lines, structures and infrastructure.  Where it can be demonstrated that this is not possible and new power lines and pipelines are proposed, their impact on the landscape must be minimised;
  7. Associated developments such as access roads, security fencing, lighting and any buildings must be designed to minimise visual impact, whilst ensuring that the development causes no risk to public safety;
  8. Where biomass is proposed to be used for energy generation, it must be sustainably sourced. Applicants will be required to provide information about the type and source of material to be used in the biomass plant. Proposals for biomass installations will not be permitted within or adjacent to Air Quality Management Areas; and
  9. Proposals include appropriate arrangements for decommissioning and reinstatement of the site when its operational lifespan has ended.

Question EN 1

Do you agree with the suggested policy approach towards energy, as set out in EN 1 ‘Energy supplies and energy related developments’ above? If not please suggest how it could be amended?

Question EN 2

How can food production be protected by ensuring the continued viability of farm holdings?

EN 2

Wind energy

Proposals for wind energy will be supported where they meet the following criteria (in addition to relevant criteria in  EN 1 ‘Energy supplies and energy related developments’):

  1. Proposals take account of the Landscape Sensitivity Study and Guidance on Wind and Solar Photovoltaic Developments (2016). They should be directed to the least sensitive locations and avoid areas identified as highly sensitive to wind development (based on the proposed turbine height). They must have regard to the general design guidance principles set out in appendix B of the study;
  2. Proposals avoid key settlement gaps and Areas of Special County Value and their settings;
  3. An assessment is provided as part of the application of any potential shadow flicker or flashes of reflected light which might affect properties or nearby land uses, including playing fields. Where potential exists for these effects, appropriate measures to mitigate and reduce the impacts must be identified as part of the planning application; and
  4. The application is supported by a landscape appraisal or, in the case of development requiring Environmental Impact Assessment, a Landscape and Visual Impact Assessment, the scope of which should be agreed at the outset with the Council. Any cumulative impacts of renewable energy schemes should be carefully considered as part of this assessment.

Question EN 3

Do you agree with the suggested policy approach towards energy, as set out in EN 2 ‘Wind energy’ above? If not please suggest how it could be amended?

EN 3

Solar energy

Proposals for ground mounted solar energy developments will be supported where they meet the following criteria (in addition to relevant criteria in  EN 1 ‘Energy supplies and energy related developments’):

  1. Proposals take account of the Landscape Sensitivity Study and Guidance on Wind and Solar Photovoltaic Developments (2016). They should be directed to the least sensitive locations and avoid areas identified as highly sensitive to the proposed scale of solar development. They must have regard to the general design principles set out in appendix B of the study;
  2. Proposals minimise and adequately mitigate glint and glare effects;
  3. Where development is proposed on greenfield land, the land around the structures should be used for livestock grazing, other agricultural use or another use beneficial to the environment or biodiversity. Use of agri-voltaics will be supported;
  4. The application is supported by a landscape appraisal or, in the case of development requiring Environmental Impact Assessment, a Landscape and Visual Impact Assessment, the scope of which should be agreed at the outset with the Council. Any cumulative impacts of renewable energy schemes should be carefully considered as part of this assessment;
  5. Hedgerows, trees, field patterns and strong boundary features are used where possible, to mitigate visual impacts.

Proposals for building mounted solar energy developments will be supported where the solar equipment is designed and sited, so far as is practicable, to minimise the effect on the external appearance of the building and the amenity of the area.

Question EN 4

Do you agree with the suggested policy approach towards energy, as set out in EN 3 ‘Solar energy’ above? If not please suggest how it could be amended?

EN 4

Sustainable energy and heat

Proposals will be supported that:

  1. provide zero carbon energy or net negative carbon energy;
  2. make provision for electricity storage;
  3. contribute to the provision of Smart Local Energy Systems or Local Area Energy Plans;
  4. enable the establishment or expansion of district heat networks; 
  5. create supply or connect into a district heat network; and/or
  6. involve community-led energy generation, storage or district heat network schemes; and/or
  7. reduce the use of fossil fuels to provide energy or heat wherever possible.

Any proposals involving heat generation should include an assessment of the potential for heat recovery and/or power generation. Where possible, excess heat or power should be used on site, or nearby, or in a district heat network.

All major schemes and schemes involving significant generation or use of heat should explore opportunities for linking to district heat networks or other users/providers of heat.

All major schemes should consider the potential to use ground source heat from private or public green spaces or water source heat solutions to contribute to heating requirements.

All schemes requiring provision of heat should consider use of air source heat pumps or ground source heat pumps as an alternative to fossil fuel based heat sources.

Question EN 5

Do you agree with the suggested policy approach towards energy, as set out in EN 4 ‘Sustainable energy and heat’ above? If not please suggest how it could be amended?

EN 5

Low carbon fuel and carbon capture

Proposals for developments relating to low-carbon fuels will be supported where they meet the following criteria:

  1. Proposals involving production of hydrogen involve: 
  • ‘green hydrogen’ (generated via electrolysis of water and the electrolysis process is powered by renewable energy or another form of low-carbon electricity); 
  • ‘blue hydrogen’ (generated from natural gas and the carbon will be captured and used and / or stored) or other forms of hydrogen production that do not release significant amounts of carbon.  
  • Proposals involving grey hydrogen (from methane or coal and where the carbon is not captured or stored) will not be supported;
  1. Proposals involving the use of waste or waste products to generate fuels should ensure that the waste has followed the waste hierarchy and is being used for the most beneficial purpose;
  2. Proposals for carbon capture and use or storage should wherever possible, enable opportunities to capture carbon from other existing and proposed developments to maximise opportunities to reduce the overall carbon emissions in the borough; 
  3. Carbon dioxide use is preferable to storage where possible, as long as it does not result in significant carbon emissions. Proposals involving carbon dioxide creation or capture and storage should link to potential users of carbon dioxide in the borough or elsewhere, if possible;
  4. Any inputs and outputs of the fuel production process or carbon should maximise opportunities for sustainable modes of transport;
  5. Any proposals involving creation of salt or brine caverns for storage purposes must ensure sustainable use of the extracted salt/brine; and
  6. Any proposals should also meet relevant criteria set out in policies MS 4 ‘Oil and gas developments’ and MS 5 ‘Restoration’.

Question EN 6

Do you agree with the suggested policy approach towards energy, as set out in EN 5 ‘Low carbon fuel and carbon capture’ above? If not please suggest how it could be amended?