Source · Select Committees · Business and Trade Committee

Recommendation 2

2 Paragraph: 24

As currently drafted, revised (draft) EN-1 does not provide the “step change” needed to deliver...

Recommendation
As currently drafted, revised (draft) EN-1 does not provide the “step change” needed to deliver the required scale of new NSIPs at a sufficiently rapid pace to deliver the Government’s net zero aims. This is largely due to ambiguity in the drafting about the relative weight of ‘climate change’ relative to local impacts to be taken into account in making planning decisions. We recommend that revised (draft) EN-1 be further amended to make the Government’s commitment to net zero more explicit and to provide a clear and unambiguous direction to the Secretary of State to prioritise the importance of climate change in decision-making.
Paragraph Reference: 24
Government Response Acknowledged
HM Government Acknowledged
Please note the response to Recommendation 1 responds to the first sentence of Recommendation 2 regarding clearer direction in favour of new energy infrastructure to deliver net zero. NPSs set out in Part 3 of draft EN-1, the Secretary of State will start with a presumption in favour of granting consent to applications for energy NSIPs. That presumption applies unless any more specific and relevant policies set out in the relevant NPS indicate that consent should be refused. The presumption is also subject to the provisions of the Planning Act 2008. In the BESS, the government concluded that there is an urgent and critical need for the provision of new nationally significant offshore wind infrastructure and related onshore and offshore network infrastructure and reinforcements to achieve our energy objectives. Draft EN-1 has been updated to introduce a new policy presumption known as a critical national priority (CNP) for offshore wind, and supporting onshore and offshore network infrastructure, and related network reinforcements and this is being consulted on in the document published alongside this response. This new policy means that, subject to any legal requirements, the urgent need for offshore wind to achieving our energy objectives, together with the national security, economic, commercial, and net zero benefits, will in general outweigh any other residual impacts not capable of being addressed by application of the mitigation hierarchy. 8 Nationally Determined Contribution, is a climate action plan to cut emissions and adapt to climate impacts. Each Party to the Paris Agreement is required to establish an NDC and update it every five years. On 12 December 2020, the UK communicated its new Nationally Determined Contribution ( NDC ) under the Paris Agreement to the United Nations Framework Convention on Climate Change ( UNFCCC ). The NDC commits the UK to reducing economy-wide greenhouse gas emissions by at least 68% by 2030, compared to 1990 levels It is already the case that NPSs takes precedence over local policies for NSIPs. The Planning Act 2008 also requires that, where an NPS has effect, the Secretary of State must decide an application for energy infrastructure in accordance with the relevant NPS. The Secretary of State may consider other factors as important and relevant to their decision-making including Development Plan documents or other documents in the Local Development Framework. If there is any conflict between these or any other documents and an NPS, the NPS prevails for the purpose of decision-making given the national significance of the infrastructure.