Onshore wind’s English renaissance

Making good on its manifesto promise, the Government lifted the 10-year effective moratorium on onshore wind projects at scale in England, within days of being elected, through amendments to the National Planning Policy Framework (NPPF).  The latest legislative update designed to facilitate more onshore wind development in England is the Infrastructure Planning (Onshore Wind and Solar Generation) Order 2025 (the Order) which was made earlier this month and comes into force on 31 December 2025.  

The Order amends the Planning Act 2008 to:

• Reinsert onshore wind projects into the Nationally Significant Infrastructure Planning regime; and 
• Impose a 100MW threshold above which the above regime will apply (instead of applications to local planning authorities under the Town and Country Planning Act 1990 (TCPA)) for onshore wind and also for solar projects.  For solar, this is an increase from the previous 50MW threshold, thereby allowing more projects to be dealt with by local planning authorities.

There are transitional provisions which ensure that projects which are already in the consenting process are not prejudiced by having to move into a different legislative regime. 

As such:

• applications made under the Planning Act 2008 for solar projects with a capacity between 50 and 100MW before 31 December 2025 that have been accepted for Examination but not yet determined or have been granted or refused; and 
• applications for planning permission under the TCPA for onshore wind projects with a capacity of more than 100MW made before 31 December 2025 that have not yet been determined or have been granted or refused

will continue to be treated under the relevant existing regime, as if the amendments to the Planning Act 2008 had not been made, for the purposes of any subsequent decisions, including any amendments to those decisions, or appeals.

Comment

An Onshore Wind Industry Taskforce (the Taskforce) was formed in July 2024 to identify and then deliver the actions needed to accelerate onshore wind deployment to 2030 and beyond. The key objectives of the Taskforce were to:

• Unlock the barriers to deployment that onshore wind developers face through identifying the financial, regulatory or policy challenges that are preventing the efficient construction and operation of onshore wind projects;
• Ensure sustainability through consideration of the potential impacts such projects can have on the local environment and broader electricity system;
• Capture the benefits of onshore wind by identifying opportunities to facilitate and support investment in UK supply chains, jobs, skills and innovation; and 
• Bring together the relevant bodies across the system to commit to achieving the above.

Following on from the Taskforce’s work, we are expecting an onshore wind strategy to be released later this year by the Government which we understand will address six key themes:

• Planning, scoping and consenting;
• Grids and systems;
• Communities and public perception;
• Aviation and defence;
• Finances and routes to market; and 
• Supply chains, skills and workforce.

Onshore wind is a critical element of the Government’s strategy to meet UK’s net zero targets; its Clean Power Action Plan sets the ambition of reaching 27-29GW of onshore wind by 2030 (and the Government’s recently released Industrial Strategy identifies onshore wind as an industry with significant growth potential).  The UK has currently approximately 15GW of operational onshore wind capacity, and the majority of this is located in Scotland.  It will be very challenging for the industry to nearly double the existing capacity in five years - this will require the development of new projects combined with the repowering of existing sites, which are either coming to the end of their operational life or are able to be replaced / refurbished with newer, more efficient technology. 

Planning uncertainty is a major hurdle to the rapid deployment of any renewable technology. While the Order goes some way to resolve this uncertainty by providing a clear route for onshore wind projects over 100MW, smaller projects may still experience delays in the TCPA route through local authorities’ lack of expertise, given the decade-long ban. Similarly, engagement with and support of local communities will be critical for any proposal. The Government is currently consulting on a package of benefits to local communities willing to support and host low carbon energy infrastructure, including onshore wind. This continues an existing trend by the industry to offer community benefits for onshore renewable energy schemes.  

These measures together with the 2024 changes to the NPPF and the proposed streamlining of infrastructure planning contained in the Planning and Infrastructure Bill are all intended to facilitate the vital deployment of low-carbon infrastructure, including onshore wind projects.