- within Law Practice Management and Insurance topic(s)
- with Senior Company Executives, HR and Inhouse Counsel
There is no doubt that over the past decade the increasing use of land for solar farms in the UK has divided many, with developments often being branded an eyesore. However, with the recent developments in planning laws, the implementation of Biodiversity Net Gain (BNG) requirements and the new Labour Government's Energy Secretary, Ed Miliband, describing solar power as being "crucial to achieving net zero", opportunities for solar development seem stronger than ever.
The question is though, where should new solar developments be located? This depends on a plethora of factors, including grid connection availability, land availability, biodiversity net gain (BNG) targets and economy of scale amongst others.
Considerations
Grid connection availability remains notoriously tricky in some parts of the country. However, as historic sites start to decommission and technological advancements, we are beginning to see new opportunities for ever larger sites compared to their counterparts of 10 years past. This is demonstrated with the proposed 500MW Sunnica solar farm in Suffolk, Cambridgeshire, covering a potential 1,000 hectares which will be the largest in the UK.
The existing use of the land is also a key consideration. The Government has made no secret of the fact that it has discouraged developers from using the 'best and most versatile land' for food farming, and in fact "applicants should, where possible, utilise suitable previously developed land, brownfield land, contaminated land and industrial land".1
When considering brownfield or past industrial sites, whilst these pose challenges such as possible historic contamination (and potential costly and lengthy clean up processes), access issues and existing utility infrastructure crossing the land to name a few, they might also offer a silver lining in the form of the achievability of higher levels of BNG.
BNG became a mandatory planning requirement on 12 February 2024, with its aim to create and improve natural habitats, making sure "development has a measurable positive impact on biodiversity, compared to what was there before development."2
Brownfield sites provide a greater potential to achieve higher BNG where the baseline position is lower, and solar farm layouts can optimise ability to improve habitat and ecology alongside and beneath PV panels – for BNG, it's a win-win.
Summary
So perhaps it's time for solar developers to cast a wider net and focus on some less obvious choices of land? By utilising alternative types of land, could this preserve the agricultural land for food production and at the same time re-generate otherwise wasted land, and increasing BNG credits in the process...? What's clear though is the commitment from the new Government to utilise solar development to achieve the country's net zero target.
Footnotes
1 National Policy Statement, January 2024
2 Biodiversity net gain - GOV.UK
Read the original article on GowlingWLG.com
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
