Distribution Network Operators (DNOs) who were once inundated with connection applications for renewable energy projects are now becoming inundated with applications for energy storage projects. Speculative applications for high numbers of sites and “‘capacity hoarding’ add further strain to the DNOs’ resources. DNOs are seeking new ways in which to address the challenges they face as they attempt to cope with this surge in applications.
The ENA’s Distributed Generation (DG) “ DNO Steering Group provided Ofgem with high-level principles on how DNOs could withdraw offers for capacity on DG projects that aren’t progressing. These principles have been designed to underpin the use of project milestones. These milestones would be tools to allow DNOs to remove capacity that is no longer likely to be required from the connection queue and to avoid capacity hoarding.
The first of those principles emphasises the importance of obtaining planning consent. It suggests that, generally, early milestones before a project has planning consent will be enforced more rigidly. On the other hand, milestones after consent is gained will be enforced more flexibly. This is based on the premise that a greater investment will have been made in obtaining consent. Early milestones would include proof that the planning process (or EIA process if required) has been initiated, although both would be superseded by the granting of consent in any case. Other early milestones are likely to be linked to design and Transmission System Operator process initiation if that is required.
In their consultation document, the DG-DNO Steering Group suggested categories and time limits for obtaining planning consent which differentiate between the scale and complexity of projects.. The proposal is that planning consent milestone dates would most likely run from the date of offer acceptance. Suggested categories are:
The introduction of a planning consent milestone seems both sensible and workable. However the arbitrary split between wind and non-wind projects may be overly simplistic and not account for varying consenting difficulties or local challenges. Nevertheless, the result for developers will be the need to focus on land use and planning consent at the outset, with consideration given to the policy context, scheme design, application requirements and timescales.
National and local level planning policy is yet to catch up with the emergence of energy storage as a form of development. Currently, the only mention within national level policy is in the Overarching National Policy Statement for Energy (EN-1), 2011. EN-1 identifies the ways in which energy storage can help achieve sustainable development by allowing the network to operate more effectively and therefore support the development of renewable generation.
At a local level, it is unlikely that the relevant Development Plan will have policies specific to energy storage. However, developers will need to be mindful of other relevant policies and land use designations at the outset. These may include the earmarking of sites for another form of development or more general constraints such as a Green Belt designation.
Scheme design
A planning application needs to be based on a design that will allow a workable consent to be obtained. This means that consents should be flexible. They should allow for minor amendments, avoiding the need to go back into planning if the design of the proposed development materially changes. Careful and iterative design should consider electrical and civil engineering requirements and take planning and environmental issues into account. This will reduce the risk of abortive costs and painful project delays later in the project.
Storage projects are likely to fall within the Construction Design and Management Regulations. The requirements of the Regulations (minimising design risks and ensuring collaboration between project parties) will need to be considered throughout the whole design process and not just post consent.
Planning application requirements
Depending on the site and the proposed development, there may be a requirement to provide a range of supporting information as part of the consenting process.
Statutory requirements under the Environmental Impact Assessment Regulations are a common area of post consent legal challenge. Complex issues could arise due to the addition of energy storage developments within the curtilage of an existing development and any associated cumulative impacts. Obtaining expert advice and support throughout the consenting process will therefore be key to minimising project risk and managing an efficient process.
Timescales
Lead in times for submission of a planning application vary widely depending on the character of the application site and nature of the proposed development. Timing implications of any seasonal survey works that are required to support a planning application can be easily overlooked. For example, both urban and rural sites can require protected species surveys if it is necessary to remove a feature which could provide roosting opportunities for bats. An early review of survey requirements and understanding of the site should be undertaken in all cases.
The consenting process can be slow. While there are statutory determination timescales of between 8 and 16 weeks, in reality local authorities and consultees are often resource constrained leading to delays. The process of securing planning consent should begin at as early a stage as possible to ensure the ability to meet any DNO milestones that may be adopted.
The way forward
It is very likely that planning consent will become a milestone required to secure a grid connection. Ensuring that a robust and workable consent is obtained will be critical for successful development. TNEI offers a combination of consenting, electrical engineering, civil engineering and design expertise that is essential for the successful delivery of your project.
If you would like to discuss any of these issues please contact Jason McGray or Liz Russell on 0191 211 1400 or by emailing Jason McGray.
