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Small Renewable Energy Developments (Permitted Development) Bill


 

Small Renewable Energy Developments (Permitted Development) Bill

 

 
 

Contents

1   

Duty to amend Permitted Development Order

2   

Guidance

3   

Short title and extent

 

Bill 67                                                                                                 

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Small Renewable Energy Developments (Permitted Development) Bill

1

 

A

Bill

To

require the Secretary of State to extend permitted development status to small

renewable energy developments and issue guidance to planning authorities in

connection with such developments; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Duty to amend Permitted Development Order

(1)   

The Secretary of State shall by order amend Schedule 2 to the Town and

Country Planning (General Permitted Development) Order 1995 (S.I. 1995/

418) to provide that a “small renewable energy development” is classed as a

permitted development within the meaning of that Order.

5

(2)   

A development is a “small renewable energy development” if it meets the

criteria set out in subsections (3) and (4).

(3)   

The first criterion is that the source of energy or the technology is one of the

following—

(a)   

photovoltaics;

10

(b)   

wind;

(c)   

solar power;

(d)   

water;

(e)   

biomass.

(4)   

The second criterion is that the capacity of the development is the generation

15

of electricity of such maximum amount as the Secretary of State shall (subject

to subsection (5)) determine.

(5)   

Before determining a maximum amount for the purposes of subsection (4) the

Secretary of State shall—

(a)   

consult bodies representing local authorities and such other persons as

20

he considers appropriate; and

(b)   

satisfy himself that the visual and noise effects of developments of or

below the maximum capacity to be determined are either—

 
Bill 6753/4
 
 

Small Renewable Energy Developments (Permitted Development) Bill

2

 

(i)   

minimal; or

(ii)   

no greater than those created by other developments already

afforded permitted development status.

(6)   

In making an order under subsection (1), the Secretary of State may make

provision about conditions relating to the environmental impact of a small

5

renewable energy development that need to be met in order for it to be classed

as a permitted development, including, in particular, provision about

limiting—

(a)   

visual appearance, and

(b)   

noise.

10

(7)   

The power of the Secretary of State to make an order under this section is

exercisable by statutory instrument.

(8)   

An order under this section shall be laid before Parliament after being made

and is subject to annulment in pursuance of a resolution of either House of

Parliament.

15

(9)   

In this section “permitted development” means development permitted under

the Town and Country Planning (General Permitted Development) Order 1995

(S.I. 1995/418) and “permitted development status” shall be construed

accordingly.

2       

Guidance

20

(1)   

The Secretary of State shall, within 12 months of the passing of this Act, issue

guidance to all planning authorities specifying ways in which they might

encourage, promote and facilitate small renewable energy developments.

(2)   

In this section—

“planning authority” has the same meaning as in section 1 of the Town

25

and Country Planning Act 1990 (c. 8);

“small renewable energy developments” shall be construed in accordance

with the provisions of section 1.

3       

Short title and extent

(1)   

This Act may be cited as the Small Renewable Energy Developments

30

(Permitted Development) Act 2005.

(2)   

This Act extends to England and Wales only.

 
 

 

 

Small Renewable Energy Developments (Permitted Development) Bill

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Schedule 1

Section {jref}

 

Schedule Title Here [NewSchedule]

Part 1

Part Title

1     (1)  

Subpara.sch

5

 

 

 
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