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define the term “green energy”; to promote its development, installation and |
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usage; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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“energy efficiency measure” is a measure to improve efficiency in the use |
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of energy in a property which reduces the need for energy; |
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“fuel poverty” has the same meaning as in section 1 of the Warm Homes |
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and Energy Conservation Act 2000 (c. 31); |
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“green jobs” means jobs associated with producing or promoting green |
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“microgeneration system” has the same meaning as in section 4(9) of the |
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Climate Change and Sustainable Energy Act 2006 (c. 19); |
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“renewable sources” has the same meaning as in section 26 of the Climate |
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Change and Sustainable Energy Act 2006. |
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“small-scale low-carbon local sources” means renewable sources of a |
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capacity not exceeding 10 megawatts, the energy from which is |
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consumed within a 30 mile radius of the source of generation; |
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“sustainability of local communities” has the same meaning as in section |
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1 of the Sustainable Communities Act 2007 (c. 23); |
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2 | Definition and promotion of green energy |
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(1) | The principal purpose of this Act is to promote green energy. |
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(2) | In this Act “green energy” means energy generated from renewable or small- |
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scale low-carbon local sources and includes energy efficiency measures. |
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(3) | Any person performing any functions under this Act must do so having regard |
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(a) | the principal purpose set out in subsection (1), |
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(b) | the desirability of alleviating fuel poverty, and |
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(c) | the desirability of securing a diverse and viable long-term energy |
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3 | Revision of microgeneration strategy |
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(1) | The Secretary of State must, within 12 months of the coming into force of this |
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(a) | publish a revised microgeneration strategy (“the strategy”) under |
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section 82 (microgeneration) of the Energy Act 2004 (c. 20), and |
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(b) | invite comments on the draft revised strategy from such persons |
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appearing to him to represent the producers and suppliers of plant |
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used for microgeneration and such other persons as he considers |
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(2) | The Secretary of State must publish a revised strategy if, in his opinion, the |
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comments received pursuant to subsection (1)(b) indicate that a revision is |
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(3) | The provisions of section 82 of the Energy Act 2004 shall apply to any revised |
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strategy published under subsection (2). |
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(4) | The Secretary of State must include in the strategy proposals for— |
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(a) | measures to increase the number of microgeneration systems in |
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(b) | such financial and fiscal measures as will in his opinion ensure the cost- |
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effective promotion of microgeneration; |
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(c) | such other cost effective measures as will in his opinion assist with the |
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principal purpose of this Act; |
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(d) | measures to promote the effective implementation of feed-in tariffs for |
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small-scale generation of electricity established in sections 41 to 43 of |
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the Energy Act 2008 (c. 32); |
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(e) | measures to promote the effective implementation of renewable heat |
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incentives for small-scale production of renewable heat established |
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under section 100 of the Energy Act 2008; |
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(f) | measures that will in his opinion promote the use of green energy for |
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(i) | improving the sustainability of local communities, |
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(ii) | creating and sustaining green jobs, and |
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(iii) | alleviating fuel poverty. |
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4 | Review of permitted development orders |
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(1) | The Secretary of State must for the purpose mentioned in subsection (2) carry |
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out a review of the effect in England of development orders made under |
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section 59(2)(a) of the Town and Country Planning Act 1990 (c. 8) (power by |
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order to grant planning permission for the development or a class of |
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development specified in the order). |
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(2) | The purpose of the review is to provide information to assist the Secretary of |
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State to form an opinion as to what provision such development orders should |
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make to facilitate development in England consisting of the installation— |
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(a) | on agricultural land or within the curtilage of an agricultural building, |
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(b) | within the curtilage of non-domestic premises, |
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| of equipment, apparatus or appliances for microgeneration. |
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(3) | In carrying out the review the Secretary of State must consult persons |
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(a) | the producers and suppliers of equipment, apparatus or appliances |
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used for microgeneration, |
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(b) | persons engaged in agricultural activities, |
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(c) | local authorities, including parish councils, |
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(d) | persons interested in preserving visual amenity and the appearance of |
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(e) | such other persons as are considered appropriate. |
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(4) | As soon as reasonably practicable after the the review has been completed, the |
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Secretary of State must lay before Parliament a report on the review, which |
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(a) | an opinion, as mentioned in subsection (2), and |
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(b) | any consequential changes the Secretary of State recommends to be |
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made to development orders under section 59(2)(a) of the Town and |
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Country Planning Act 1990 (c. 8). |
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(5) | Where the Secretary of State proposes to make changes to development orders |
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in consequence of the review, the changes must be made as soon as is |
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(6) | In this section “agricultural land” and an “agricultural building” have the same |
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meaning as in paragraphs 2 to 8 of Schedule 5 to the Local Government Finance |
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Act 1988 (c. 41) (non-domestic rating: exemption). |
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5 | Permitted development: domestic premises |
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(1) | The Secretary of State must make regulations within three months of the day |
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on which this Act is passed to amend the The Town and Country Planning |
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(General Permitted Development) (Amendment) (England) Order 2008 (SI |
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2008/675) for the purpose of granting permitted development status to |
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specified microgeneration installations. |
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“specified microgeneration installations” means small wind turbines and |
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air source heat pumps that comply with the circumstances and |
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conditions specified in the Schedule to this Act, and any such further |
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technologies the Secretary of State may by order sepcify; |
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“permitted development status” means development for which planning |
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permission is not required in the circumstances. |
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(3) | Regulations under this section shall be made by statutory instrument which |
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shall be subject to annulment in pursuance of a resolution of either House of |
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6 | Council tax and non-domestic rates |
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Any estimated increase in the value of a property arising from the installation |
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of an energy efficiency measure or a microgeneration system after the day on |
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which this Act is passed shall be disregarded for the purpose of assessing |
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council tax or non-domestic rates payable on that property. |
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Circumstances and conditions relating to microgeneration installations |
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| The circumstances and conditions referred to in section 5(2) are that— |
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(a) | the specified microgeneration installation is certified in accordance |
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with an approved certification scheme; |
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(b) | the specified microgeneration installation is within the curtilage of a |
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(c) | the installation of a specified microgeneration installation should not |
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cause an external noise level, due to the specified microgeneration |
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installation alone, in any mode of operation or wind speed that will |
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not be exceeded more than 10% of the time on the given site, above |
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45dB LAeq, 5 Min at the façade of any neighbouring building, and in |
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the case of small wind turbines, measured in accordance with British |
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Wind Energy Association Small Wind Turbine Performance and |
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Safety Standard published in February 2008; |
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(d) | in the case of small wind turbines on a dwelling-house or a building |
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situated within the curtilage of a dwelling-house— |
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(i) | the maximum height of the wind turbine (including the |
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blade) does not exceed the highest part of the roof by more |
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(ii) | the diameter of the blades of the wind turbine does not |
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(iii) | the wind turbine is not installed on a building situated on |
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land within a conservation area or which is a World Heritage |
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(iv) | the wind turbine is not installed on a building within the |
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curtilage of a dwelling-house if the dwelling-house is a listed |
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(e) | in the case of a stand-alone wind turbine within the curtilage of a |
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(i) | the maximum height of the wind turbine (including the |
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blade) does not exceed eleven metres, |
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(ii) | the diameter of the blades of the wind turbine does not |
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(iii) | the wind turbine is not installed less than 12 metres from the |
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boundary of the curtilage, |
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(iv) | the wind turbine faces onto or is visible from the highway if |
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situated on land within a conservation area or which is a |
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(v) | the wind turbine must be installed within the curtilage of a |
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dwelling-house if the dwelling-house is a listed building. |
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