Two major solar farms secure DCOs, adding half a gigawatt
UK national law firm TLT has successfully secured Development Consent Orders (DCOs) on the same day for two significant solar developments, collectively adding half a gigawatt of new renewable energy capacity to the grid.1 These approvals mark a crucial step in the UK's energy transition, highlighting the complex but essential process of consenting large-scale solar projects.
The UK landscape for large-scale solar development
The UK is actively pursuing ambitious Net Zero targets, aiming to significantly increase its renewable energy capacity. This drive necessitates the development of large-scale infrastructure projects, including solar farms, which play a vital role in decarbonising the electricity supply and enhancing energy security. The government aims for clean sources to produce at least 95% of Great Britain's electricity generation by 2030, with a stretch ambition of 50 gigawatts (GW) of installed solar capacity by the same year.
The role of nationally significant infrastructure projects (NSIPs)
Large-scale solar farms in the UK often fall under the Nationally Significant Infrastructure Project (NSIP) regime. This classification is established by the Planning Act 2008 and applies to projects deemed critical for national infrastructure, requiring a specific consent process that differs from standard local planning permission.
What is An NSIP?
An NSIP is a major infrastructure development in England and Wales, identified by the government under the Planning Act 2008. These projects, which include power plants and large renewable energy schemes, bypass normal local planning requirements due to their national importance.
As of 31 December 2023, the threshold for solar developments to be classed as NSIPs in England increased from 50MW to 100MW. This means that solar projects with a generating capacity of 100MW or more now require a Development Consent Order (DCO) from the Secretary of State, rather than approval from local planning authorities. This change aims to streamline the consenting process for mid-sized projects, allowing more to proceed through the local planning system.
Policy drivers for solar expansion
The UK's commitment to Net Zero by 2050 and the target for a fully clean power system by 2030 are key drivers for solar expansion. Renewable sources produced 6.6% of the UK's electricity in 2010, rising to 47.3% in the first quarter of 2024. Solar energy is recognised as one of the most flexible and affordable ways to meet climate change targets and enhance energy security.
Navigating development consent Orders (DCOs)
Securing consent for large-scale solar farms in the UK involves a rigorous process, particularly when projects are classified as NSIPs and require a DCO.
Development consent Orders vs standard planning permission
A critical distinction exists between DCOs and standard planning permission. Standard planning applications are decided by Local Planning Authorities (LPAs), while NSIPs are examined by the Planning Inspectorate, with the final decision made by the relevant Secretary of State. The DCO process consolidates multiple permissions, including planning permission, land acquisition powers, and environmental permits, into a single order, aiming to increase efficiency and reduce delays.
The DCO application process
The DCO process is governed by the Planning Act 2008 and involves several key stages. It is a formalised examination process with strict deadlines, requiring national-level scrutiny against National Policy Statements.
Key stages and timelines
The NSIP application process typically involves six stages:
Pre-application: The developer prepares the application, conducting feasibility studies, environmental impact assessments, and extensive consultation with stakeholders, including local authorities, public bodies, and the public.
Acceptance: The Planning Inspectorate has 28 days to decide if the application can be examined.
Pre-examination: Stakeholders register and submit relevant representations.
Examination: This stage typically lasts six months, involving written submissions and hearings where evidence is presented.
Recommendation & decision: The Examining Authority submits its findings and recommendations to the Secretary of State, who then makes the final decision.
Post-decision: If approved, the developer can implement the DCO.
Case studies in successful consent: Dean Moor and Peartree Hill
The recent approvals for Dean Moor and Peartree Hill Solar Farms demonstrate the successful navigation of the DCO process, contributing significantly to the UK's renewable energy goals.
Dean Moor solar farm: a 150MW project in West Cumbria
The Dean Moor Solar Farm, a joint venture between ib vogt and Firma Energy, is located in West Cumbria. This 150MW project is projected to generate enough electricity to power over 50,000 homes annually. Daniel Kiremidjian, Director of UK & Nordics at ib vogt, stated, "We are delighted that development consent has been granted for Dean Moor Solar Farm. This is a significant milestone for ib vogt in the UK - and notably, the first project within our UK portfolio to achieve a DCO from the Planning Inspectorate."
Peartree Hill solar farm: a 320MW project in East Riding of Yorkshire
The Peartree Hill Solar Farm, advised by TLT for RWE Renewables, is situated in the East Riding of Yorkshire. This substantial project will provide 320MW of clean energy, capable of powering approximately 167,000 homes.
The role of legal expertise in securing consent
The successful securing of DCOs for these two major projects on the same day highlights the critical role of specialised legal expertise. Richard Marsh, Partner at TLT, stated, "It is an exciting time to be involved in nationally significant infrastructure, and we are proud to play a role in delivering projects that are critical to the UK’s future energy and infrastructure needs." Maria Connolly, Partner and Head of TLT’s Future Energy sector, commented, "Securing consent for these two major projects on the same day is a fantastic achievement for our clients and a testament to the dedication and expertise of our teams."
Overcoming challenges in solar farm consent
Navigating the DCO process for large-scale solar farms presents various challenges, from environmental considerations to community engagement and policy changes.
Environmental impact assessments and mitigation
Thorough Environmental Impact Assessments (EIAs) are a cornerstone of the DCO process. These assessments ensure that potential environmental effects are identified, evaluated, and mitigated. Developers must demonstrate how projects will minimise their footprint, often incorporating landscape planting and ecological enhancements.
Effective community engagement and addressing objections
Comprehensive pre-application consultation with statutory bodies and the public is vital. Effective community engagement helps address concerns and build local support, which can be crucial for a smooth consent process. The examination phase provides opportunities for interested parties to give evidence, ensuring local views are considered.
Adapting to policy and regulatory changes
The regulatory landscape for solar projects is dynamic. Changes such as the increase in the NSIP threshold for solar projects from 50MW to 100MW in England, effective 31 December 2023, directly impact the consent route required. Developers must stay abreast of these policy shifts to ensure compliance and optimise their planning strategies.
The future of UK solar development and energy abundance
The successful consenting of major solar projects like Dean Moor and Peartree Hill is a testament to the UK's progress towards a future with abundant clean energy. Fuse Energy believes that large-scale solar farms are critical infrastructure for achieving this vision.
Contribution to Net Zero targets and energy security
These projects significantly contribute to the UK's Net Zero targets and enhance energy security by adding substantial renewable capacity to the grid. The UK has reduced its greenhouse gas emissions by over 50% since 1990. This progress underscores the opportunity to build a resilient and sustainable energy system.
Streamlining the consent process for future projects
The efficient and effective consent process for projects like Dean Moor and Peartree Hill is vital for rebuilding the UK's energy system from the ground up. Fuse Energy operates its own solar and wind projects, such as Netley North, Bullous Park, and Balnamoon, demonstrating successful deployment of renewable assets that contribute to the grid. While Fuse Energy is a residential energy supplier and does not offer commercial solar farm development or consent advisory services, the company champions the policies and processes that enable abundant clean energy for all.
For the avoidance of doubt, this article is provided for informational purposes only and is not intended to constitute legal or financial advice. The author and/or Fuse Energy shall not be responsible for any losses arising out of any reliance on the information contained herein.
