Renewable Energy
In an increasingly uncertain world, renewable energy is becoming more and more important. It’s set to play a growing role in our lives, but faces challenges which must be overcome if we are to swiftly achieve net zero as well as providing energy security to the nation.
First, the good news: the pace of renewables growth across the globe is quickening as technologies improve. However, the bad news comes in the form of a retreat by the UK government from its commitment to net zero. This poses a risk to the UK’s global standing and damages its economic prospects.
Recent analysis from Cornwall Insight claims that the government will miss its 50gw offshore wind capacity target for 2030 owing to delays in offshore wind deployment. The delays are largely brought about by rising costs, most recently reflected in the 5th Contract for Difference auction which saw no offshore wind operators take part. The cancellation of Norfolk Boreas, one of the UK’s largest offshore wind farms, also sets the UK’s efforts back. This was again due to monetary concerns, as it was deemed to lack financial viability.
Lengthy delays in obtaining grid connections for consented schemes and pricing of ‘contracts for difference’ also need to be addressed. The growing backlog of projects awaiting approval is putting further pressure on the health of the industry.
Energy Act 2023
This Act came into force late 2023, before the new parliamentary session. It brings in a new public body called the Future System Operator to oversee the network’s ability to deliver its net zero ambitions.
It will also unlock £100 billion in private investment for the offshore wind sector, helping it realise a further 50gw of energy generation in the coming years.
Planning
Developers and funders must navigate the perennial issues of obtaining planning permission and grid connections which are vital for their proposed schemes. Current planning legislation prevents the prompt delivery of the energy projects and related infrastructure needed to move to net zero. A streamlining of the current regime is needed if we’re to accelerate construction to meet the energy needs of the future.
Emissions Trading Scheme (ETS)
This scheme was to be removed in 2030, but, as with all investment opportunities, long-term planning is required. ETS is now set to run until 2050, providing the long-term plan for businesses and time for investment into new and green technologies. The new date also aligns with the UK’s target to be net zero by 2050.
The results of the following consultations will be published in 2024:
- The first is on proposals to alter the free allocation methodology for stationary sectors, which the authority said is to better target those most at risk of carbon leakage. This was identified in the first statutory review of the 2023 scheme as an area for improvement.
- The second consultation is on the future development of UKETS markets policies.
- Both will run for 12 weeks (until Monday 11 March 2024) and are open to all participants of the UKETS, as well as wider organisations.
There will also be a consultation in 2024 on expanding the UKETS to other sectors, such as waste and maritime, as well as details of a new framework for carbon capture and storage.
Nationally Significant Infrastructure Projects (NSIPs)
NSIPs were introduced in the Planning Act 2008 as a way of speeding up the planning process for significant infrastructure in England. Wales and Scotland have their own schemes in place.
As part of the Levelling Up and Regeneration Act 2023, new provisions will be brought in to cut down the time for consultations and examinations.
In addition, the NSIP regime is backed up by National Planning Statements (NSP). Those relating to energy generation will be revised in 2024. The list includes:
- Overarching National Policy Statement for energy (EN-1) (from early 2024)
- National Policy Statement for natural gas electricity generating infrastructure (EN-2) (from early 2024)
- National Policy Statement for renewable energy infrastructure (EN-3) (from early 2024)
- Policy Statement for natural gas supply infrastructure and gas and oil pipelines (EN-4) (from early 2024)
- National Policy Statement for electricity networks infrastructure (EN-5) (from early 2024)
- National Policy Statements for energy: appraisal of sustainability
- National Policy Statements for energy: habitats regulations assessment.
New Technology
A new Floating Offshore Wind Leasing Round will be released by the Crown Estate early in 2024. This will be the first time it’s been established on a commercial basis and will see a combined capacity of 4.5GW, powering up to 4 million homes.
Eleven green hydrogen schemes have recently obtained backing from the government, despite the withdrawal of the hydrogen village. Green hydrogen is a highly specialised form of energy generation, and could radically change the manufacturing landscape. It would provide green energy to facilitate chemical and fertiliser manufacturing, freeing up other forms of energy to be used elsewhere in the UK.
Contacts
Stelios Coutsavlis
Partner, Real Estate +44 (0)7825 204 397
stelios.coutsavlis@irwinmitchell.com
Claire Petricca-Riding
Partner & Head of the Planning and Environment Team +44 (0)786 768 1990
claire.petricca-riding@irwinmitchell.com