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 developers to demonstrate “very special circumstances” for locating “small- scale” solar farms (those generating 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 industry body. The Solar Taskforce published a solar roadmap in June 2025 that sets out the strategy to achieving a significant increase in solar deployment to support the delivery of clean power by 2030, through a “rooftop revolution” and removal of barriers to solar projects (eg, increasing the threshold at which solar projects enter the NSIP regime). Nuclear Generation Facilities All nuclear generation facilities are NSIPs and there- fore require a DCO, as well as environmental permits and a nuclear site licence. The 1965 Nuclear Installa- tions Act deals with liability and governs the construc- tion and safe operation of nuclear plants. In July 2025, the government made the final invest- ment decision on Sizewell C, and in November 2025, the financial close was achieved. Sizewell C is a 3.2 GW nuclear power plant, with GBP14.2 billion fund- ing allocated for the project by the government. Great British Energy has been tasked with identifying further sites in the UK that are suitable for large-scale nuclear projects, with findings due in autumn 2026. The gov- ernment and private sector are also investing in small modular reactors in the UK. However, challenges remain. The Nuclear Regulatory Taskforce (established in February 2025) confirmed in November 2025 that the UK remains “the most expensive place in the world to build nuclear pro-
Once a licence is granted, licensees are required to comply with applicable industry codes. For further details, please refer to 3.3 Approvals to Construct and Operate Generation Facilities . Onshore Generation Facilities For the construction of onshore generation facilities over 50 MW in England and Wales, consent from the Secretary of State for Energy Security and Net Zero is required under Section 36 of the Electricity Act 1989. Such generation projects are often classified as a nationally significant infrastructure project (NSIP) under the Planning Act 2008 and therefore require a development consent order (DCO). Generation pro- jects with a capacity of less than 50 MW are consid- ered under the Town and Country Planning Act 1990. In 2025, it was reported in Scotland that Glen Ear- rach Energy had submitted its application for a 2 GW pumped storage hydro project near Loch Ness, under Section 36 of the Electricity Act 1989. As of May 2026, the application remained under consultation. Onshore Wind Farms The 2015 National Planning Policy Framework (NPPF) only permitted construction of wind turbines on land specifically designated by local councils in their devel- opment plans and with the full support of local com- munities. Renewable energy groups and many other stakeholders considered this to be a de facto ban on onshore wind. In September 2023, the government updated the NPPF to provide that local authorities should approve planning applications for an onshore wind farm if impacts identified by the local community are “appropriately” – rather than “fully” or “satisfac- torily” – addressed. However, this amendment made little difference in practice. On 8 July 2024, the new Labour government lifted the de facto ban on onshore wind development by remov- ing additional restrictive tests and placing the assess- ment and approval of new onshore wind projects on an equal footing with all other proposed infrastructure. Irrespective of their size, onshore wind farms are con- sidered under the Town and Country Planning Act 1990. Facilities over 100 MW are considered NSIPs and are subject to the DCO regime.
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