UK Law and Practice Contributed by: Tom Sprange KC, Andrea Stauber, Martina Antosova and Lucy Pearson, King & Spalding International LLP
Solar Farms An updated NPPF was published in December 2024, with a new policy on renewable energy located in the Green Belt. This requires develop- ers to demonstrate “very special circumstances” for locating “small-scale” solar farms (those gen- erating below 100 MW from 31 December 2025) within the Green Belt. The government’s Clean Power 2030 Action Plan (published in December 2024) includes a target for the total installed capacity of solar installations to reach 45‒57 GW by 2030, about 2.5 times the installed capacity in March 2025 (18.1 GW). It noted that there is the potential for an additional 9‒10 GW by 2030 though the deployment of rooftop solar. The government has also recently relaunched the Solar Taskforce, a joint government indus- try body. The Solar Taskforce will publish a solar roadmap that will set out a “step-by-step deployment trajectory” and recommendations to government and industry for actions needed to meet the governments targets on solar energy. The Clean Power Action Plan stated the road- map was expected in Spring 2025 but, as of May All nuclear generation facilities are NSIPs and therefore require a DCO, as well as environmen- tal permits and a nuclear site licence. The 1965 Nuclear Installations Act deals with liability and governs the construction and safe operation of nuclear plants. 3.2 Obtaining Approvals to Construct and Operate Generation Facilities All electricity generators (commercial or other- wise) must obtain a generation licence – issued by Ofgem – under Section 6 (1)(a) of the Elec- 2025, has not been released. Nuclear Generation Facilities
tricity Act 1989 (as amended by Section 186 of the Energy Act 2023). It is an offence to gener- ate, distribute or supply energy without a licence unless the Secretary of State for Energy Security and Net Zero grants a class or individual exemp- tion. The Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2019 (SI 2019/1023) (the “Electricity Licence Applica- tion Regulations”), made by Ofgem, set out the procedure for applying for a licence and the fee payable. Although primary responsibility for the energy sector falls on GEMA, GEMA delegates the day- to-day administration of its functions to Ofgem. Accordingly, Ofgem has the authority both to grant licences (without further reference to GEMA or any government ministry) and enforce them. Ofgem adopts a risk-based approach to licence applications, in that all applicants must complete the information required under Tier 1 so that an initial risk assessment may be carried out. The application may then progress to Tier 2, which gives rise to additional requirements. When considering whether to grant a licence, Ofgem will consider whether: • the licensees can finance their activities; • all reasonable demands for electricity and gas are met; • the licence will contribute to the achievement of sustainable development; and • the interests of particular consumer groups (eg, those with a disability) are met.
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