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Green Energy (Definition and Promotion) Bill


 

Green Energy (Definition and Promotion) Bill

 

 
 

Contents

1   

Interpretation

2   

Definition and promotion of green energy

3   

Revision of microgeneration strategy

4   

Review of permitted development orders

5   

Permitted development: domestic premises

6   

Council tax and non-domestic rates

7   

Short title and extent

Schedule    —   

Circumstances and conditions relating to microgeneration

installations

 

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Green Energy (Definition and Promotion) Bill

1

 

A

Bill

To

define the term “green energy”; to promote its development, installation and

usage; 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       

Interpretation

In this Act—

“energy efficiency measure” is a measure to improve efficiency in the use

of energy in a property which reduces the need for energy;

“fuel poverty” has the same meaning as in section 1 of the Warm Homes

5

and Energy Conservation Act 2000 (c. 31);

“green jobs” means jobs associated with producing or promoting green

energy;

“microgeneration system” has the same meaning as in section 4(9) of the

Climate Change and Sustainable Energy Act 2006 (c. 19);

10

“renewable sources” has the same meaning as in section 26 of the Climate

Change and Sustainable Energy Act 2006.

“small-scale low-carbon local sources” means renewable sources of a

capacity not exceeding 10 megawatts, the energy from which is

consumed within a 30 mile radius of the source of generation;

15

“sustainability of local communities” has the same meaning as in section

1 of the Sustainable Communities Act 2007 (c. 23);

2       

Definition and promotion of green energy

(1)   

The principal purpose of this Act is to promote green energy.

(2)   

In this Act “green energy” means energy generated from renewable or small-

20

scale low-carbon local sources and includes energy efficiency measures.

(3)   

Any person performing any functions under this Act must do so having regard

to—

(a)   

the principal purpose set out in subsection (1),

 

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Green Energy (Definition and Promotion) Bill

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(b)   

the desirability of alleviating fuel poverty, and

(c)   

the desirability of securing a diverse and viable long-term energy

supply.

3       

Revision of microgeneration strategy

(1)   

The Secretary of State must, within 12 months of the coming into force of this

5

section—

(a)   

publish a revised microgeneration strategy (“the strategy”) under

section 82 (microgeneration) of the Energy Act 2004 (c. 20), and

(b)   

invite comments on the draft revised strategy from such persons

appearing to him to represent the producers and suppliers of plant

10

used for microgeneration and such other persons as he considers

appropriate.

(2)   

The Secretary of State must publish a revised strategy if, in his opinion, the

comments received pursuant to subsection (1)(b) indicate that a revision is

desirable.

15

(3)   

The provisions of section 82 of the Energy Act 2004 shall apply to any revised

strategy published under subsection (2).

(4)   

The Secretary of State must include in the strategy proposals for—

(a)   

measures to increase the number of microgeneration systems in

existing buildings;

20

(b)   

such financial and fiscal measures as will in his opinion ensure the cost-

effective promotion of microgeneration;

(c)   

such other cost effective measures as will in his opinion assist with the

principal purpose of this Act;

(d)   

measures to promote the effective implementation of feed-in tariffs for

25

small-scale generation of electricity established in sections 41 to 43 of

the Energy Act 2008 (c. 32);

(e)   

measures to promote the effective implementation of renewable heat

incentives for small-scale production of renewable heat established

under section 100 of the Energy Act 2008;

30

(f)   

measures that will in his opinion promote the use of green energy for

the purposes of—

(i)   

improving  the sustainability of local communities,

(ii)   

creating and sustaining green jobs, and

(iii)   

alleviating fuel poverty.

35

4       

Review of permitted development orders

(1)   

The Secretary of State must for the purpose mentioned in subsection (2) carry

out a review of the effect in England of development orders made under

section 59(2)(a) of the Town and Country Planning Act 1990 (c. 8) (power by

order to grant planning permission for the development or a class of

40

development specified in the order).

(2)   

The purpose of the review is to provide information to assist the Secretary of

State to form an opinion as to what provision such development orders should

make to facilitate development in England consisting of the installation—

(a)   

on agricultural land or within the curtilage of an agricultural building,

45

and

 
 

Green Energy (Definition and Promotion) Bill

3

 

(b)   

within the curtilage of non-domestic premises,

   

of equipment, apparatus or appliances for microgeneration.

(3)   

In carrying out the review the Secretary of State must consult persons

appearing to represent—

(a)   

the producers and suppliers of equipment, apparatus or appliances

5

used for microgeneration,

(b)   

persons engaged in agricultural activities,

(c)   

local authorities, including parish councils,

(d)   

persons interested in preserving visual amenity and the appearance of

the countryside, and

10

(e)   

such other persons as are considered appropriate.

(4)   

As soon as reasonably practicable after the the review has been completed, the

Secretary of State must lay before Parliament a report on the review, which

must include—

(a)   

an opinion, as mentioned in subsection (2), and

15

(b)   

any consequential changes the Secretary of State recommends to be

made to development orders under section 59(2)(a) of the Town and

Country Planning Act 1990 (c. 8).

(5)   

Where the Secretary of State proposes to make changes to development orders

in consequence of the review, the changes must be made as soon as is

20

reasonable practicable.

(6)   

In this section “agricultural land” and an “agricultural building” have the same

meaning as in paragraphs 2 to 8 of Schedule 5 to the Local Government Finance

Act 1988 (c. 41) (non-domestic rating: exemption).

5       

Permitted development: domestic premises

25

(1)   

The Secretary of State must make regulations within three months of the day

on which this Act is passed to amend the The Town and Country Planning

(General Permitted Development) (Amendment) (England) Order 2008 (SI

2008/675) for the purpose of granting permitted development status to

specified microgeneration installations.

30

(2)   

In this section—

“specified microgeneration installations” means small wind turbines and

air source heat pumps that comply with the circumstances and

conditions specified in the Schedule to this Act, and any such further

technologies the Secretary of State may by order sepcify;

35

“permitted development status” means development for which planning

permission is not required in the circumstances.

(3)   

Regulations under this section shall be made by statutory instrument which

shall be subject to annulment in pursuance of a resolution of either House of

Parliament.

40

6       

Council tax and non-domestic rates

Any estimated increase in the value of a property arising from the installation

of an energy efficiency measure or a microgeneration system after the day on

which this Act is passed shall be disregarded for the purpose of assessing

council tax or non-domestic rates payable on that property.

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Green Energy (Definition and Promotion) Bill

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7       

Short title and extent

(1)   

This Act may be cited as the Green Energy (Definition and Promotion) Act

2009.

(2)   

This Act extends to England only.

 
 

Green Energy (Definition and Promotion) Bill
Schedule — Circumstances and conditions relating to microgeneration installations

5

 

Schedule

Section 5

 

Circumstances and conditions relating to microgeneration installations

         

The circumstances and conditions referred to in section 5(2) are that—

(a)   

the specified microgeneration installation is certified in accordance

with an approved certification scheme;

5

(b)   

the specified microgeneration installation is within the curtilage of a

dwelling-house;

(c)   

the installation of a specified microgeneration installation should not

cause an external noise level, due to the specified microgeneration

installation alone, in any mode of operation or wind speed that will

10

not be exceeded more than 10% of the time on the given site, above

45dB LAeq, 5 Min at the façade of any neighbouring building, and in

the case of small wind turbines, measured in accordance with British

Wind Energy Association Small Wind Turbine Performance and

Safety Standard published in February 2008;

15

(d)   

in the case of small wind turbines on a dwelling-house or a building

situated within the curtilage of a dwelling-house—

(i)   

the maximum height of the wind turbine (including the

blade) does not exceed the highest part of the roof by more

than three metres,

20

(ii)   

the diameter of the blades of the wind turbine does not

exceed two metres,

(iii)   

the wind turbine is not installed on a building situated on

land within a conservation area or which is a World Heritage

Site, and

25

(iv)   

the wind turbine is not installed on a building within the

curtilage of a dwelling-house if the dwelling-house is a listed

building; and

(e)   

in the case of a stand-alone wind turbine within the curtilage of a

dwelling-house—

30

(i)   

the maximum height of the wind turbine (including the

blade) does not exceed eleven metres,

(ii)   

the diameter of the blades of the wind turbine does not

exceed two metres,

(iii)   

the wind turbine is not installed less than 12 metres from the

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boundary of the curtilage,

(iv)   

the wind turbine faces onto or is visible from the highway if

situated on land within a conservation area or which is a

World Heritage Site, and

(v)   

the wind turbine must be installed within the curtilage of a

40

dwelling-house if the dwelling-house is a listed building.


 
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