Comment

Could the proposed changes to the NPPF go further on net zero infrastructure?

In keeping with Labour’s priority to ‘make Britain a clean energy superpower’, the proposed changes to the National Planning Policy Framework (NPPF) include positive strides for net zero infrastructure, but could they go further?

Over the first 17 months of their Parliament, the Labour Government has made a raft of policy and regulatory changes and investments which seek to stimulate growth and the delivery of renewable and low carbon infrastructure, alongside industrial decarbonisation. As part of its overarching approach to planning reform, this has included previous updates to the NPPF (made in December 2024¹) and revisions to National Policy Statements (NPS) for Energy Infrastructure². The latest updates to the NPPF, now out for consultation, seek to go further.

Below our Net Zero Infrastructure (NZI) team outline the key proposed amendments and explore what this means for renewable and low carbon energy generation, alongside electricity networks, energy storage and industrial decarbonisation.

Proposed NPPF changes

The below summary sets out the key proposed NPPF changes now being consulted upon, highlighting where amends are welcomed and where further work is required.

A whole new chapter for energy infrastructure

In recognition of its importance, the Draft NPPF includes a new chapter focused on improving the delivery of energy and water infrastructure (Chapter 10). This forms part of the wholesale restructuring of the NPPF, which now establishes overarching topic-based objectives and distinguishes between policies for ‘plan-making’ and those for ‘decision-making’. It confirms that the overarching objective of the policies in the chapter is to support the development and operation of energy infrastructure “in ways which align with wider development, clean power and net zero objectives (including the delivery of clean power by 2030)”.

Providing a standalone chapter and including reference to Clean Power 2030 within the objective is welcome and will assist in ensuring the importance of achieving the Government’s targets for energy and net zero are embedded in planning policy and decision-making.

However, this could go much further and better align with NPS EN-1³ which sets out an overarching summary of Government policy on energy infrastructure development, and the role of individual technologies in achieving these objectives. Section 2 of NPS EN-1 specifically confirms that “meeting the Clean Power 2030 Mission objectives necessitates a significant investment in new energy infrastructure, both large nationally significant developments and smaller-scale developments determined at a local level” (emphasis added)⁴. This could be achieved by explicit reference in the NPPF confirming that NPS EN-1 and EN-3⁵ can be material considerations in decision-making on relevant applications that fall under the Town and Country Planning Act 1990 (as amended), as outlined at Paragraph 1.2.1 of NPS EN-1. 

Explicit reference to net zero by 2050 should also be included to reflect the commitments set out in the Climate Change Act (amended 2019). 

New definitions

Two key updates to the NPPF Glossary have been made, including:

• Updating the definition of ‘Renewable and low carbon energy’ to clarify what types of development are included: “Includes energy for heating and cooling as well as generating electricity. Renewable energy covers those energy flows that occur naturally and repeatedly in the environment – including from the wind, the fall of water, the movement of the oceans, from the sun and also from biomass and deep geothermal heat. Low carbon technologies are those that can help reduce emissions (compared to conventional use of fossil fuels).This includes, but is not limited to, nuclear power and supporting infrastructure, as well as low carbon fuels such as biomethane, hydrogen and heat from recoverable sources, such as heat recovered from data centres, as well as the storage of renewable and low carbon energy, such as Battery Energy Storage Systems (BESS)” (new text in bold).
   
• Introducing a definition for ‘Electricity network infrastructure’, recognising that this type of infrastructure is commonly developed as standalone projects and not necessarily always in association with renewable and low-carbon technologies: “Infrastructure that facilitates the transmission of electricity from generation sources to end users, including transmission, distribution, and interconnection. This infrastructure is essential for the operation and expansion of the electricity network and includes components such as substations, converter stations, interconnectors, and cables”.

The definition of ‘Decentralised energy’ remains unchanged.

These updates are helpful in clarifying the scope of renewable and low carbon energy, and electricity network infrastructure, for the purposes of planning policy and decision-making, helping to avoid unnecessary debate. However, this fails to include reference to Carbon Capture, Utilisation & Storage (CCUS) infrastructure and Sustainable Aviation Fuel (SAF), both of which are essential low carbon technologies and have been promoted by Government as essential components of achieving Clean Power 2030 (as reflected in NPS EN-1). These technologies will be delivered at different scales and therefore will proceed under both the TCPA 1990 and NSIP routes. Indeed, we secured full planning permission under the TCPA 1990 for the Protos Energy Recovery Facility Carbon Capture Plant in Ellesmere Port, part of the HyNet scheme and the first CCUS enabled energy from waste plant in the UK, whereby the NPPF was a material consideration.

Plan-making policies

The Draft NPPF sets out two policies for plan-making in relation to clean energy.

• Draft Policy W1 (Planning for energy and water) requires new Local Plans to reflect the capacity of, and future requirements for, energy infrastructure, encouraging early engagement between plan-making authorities, utility providers, regulators and network operators, as well as understanding of planned growth, changing consumption patterns, climate change and relevant infrastructure plans (including, once published, the Strategic Spatial Energy Plan (SSEP), Centralised Strategic Network Plan (CSNP) and Regional Energy Strategic Plans (RESPs)). This is welcome and it is positive that there is direct encouragement to proactively align spatial development planning with national/regional infrastructure needs.
   
• Draft Policy W2 (Securing renewable and low carbon energy, and electricity network infrastructure) which confirms that the development plan should support the transition to clean power by planning positively for the increased supply and use of renewable and low carbon energy and electricity network infrastructure. This includes considering identifying areas suitable for renewable and low carbon energy, and electricity network infrastructure (including re-powering and life extension). This updates Paragraph 165 of the existing NPPF, and introduces a pro-development stance such that areas should only be identified “where this would help secure their development”. We have long advocated for the removal of Paragraph 165 and argued against mandatory identification of suitable areas proposed in previous NPPF consultations. It is encouraging to see the support-leaning intention of Policy W2 and this will provide greater opportunities for developers to promote sites for renewable and low carbon energy through the Local Plan process, including existing sites where allocation may assist with re-powering and life-extension proposals by identifying sites as suitable in perpetuity. The application of this for decision-making is covered by Draft Policy W3, discussed below.

Decision-making policies

Draft Policy W3 (Renewable and low carbon energy development and electricity network infrastructure) sets out the proposed approach to decision-making, consolidating and updating paragraphs 168 and 169 of the Existing NPPF. Key changes include:

• Weight: the weight to be applied to the benefits of such development for improving energy security, supporting economic development and moving to a net zero future is elevated from ‘significant’ to ‘substantial’. As is the weight to be applied to the benefits of utilising an established site (in the case of re-powering and life-extension), and the contributions of small-scale and community-led projects to emissions reduction and their associated economic and social benefits. This update is hugely positive and helps to turn up the dial on the benefits case. In cases involving development in the Green Belt (a frequent occurrence) the weight to be attached to scheme benefits is now equivalent to that to be attached to harm to the Green Belt. However, we would have liked to see more from Government on introducing policy parity between the NSIP regime and TCPA regime. NSIP projects benefit from ‘Critical National Priority’ status, defined in the NPS for Energy Infrastructure, which establishes a presumption in favour of consent, encouraging the decision-maker to positively apply the planning balance towards benefits outweighing harms. In our view, it is counterintuitive for the Critical National Priority status to only apply to NSIPs and not applications within the TCPA regime – all projects, regardless of size, will contribute to achieving the CP30 targets. Indeed, some projects may just fall short of the 100MW threshold, due to grid capacity or land availability constraints (including due to residential proximity) – their contribution should not be lost through the absence of policy support. Without policy parity and the benefit of the Critical National Priority status there is a danger that LPAs may buckle under local objection.
   
• Location: paragraph 169 of the Existing NPPF is proposed to be modified, so that where these types of development come forward outside areas identified in the development plan, they should be assessed against the national decision-making policies as a whole, rather than the criteria used for identifying suitable areas in the development plan. Government has stated that this is intended to reduce any uncertainty about how this policy should be applied in practice, and to reflect the more comprehensive role that national decision-making policies are intended to play in assessing development. This is a welcome change and should address scenarios where existing Local Plans have identified ‘suitable areas’ which are now out-of-date but continue to be used by Local Planning Authorities to restrict development.
   
• Time-Limit: the policy clarifies the need for decommissioning and site restoration for time-limited developments, recognising that most renewable and low-carbon energy schemes are permitted on a temporary basis. 

Development outside settlement limits

Draft Policy S5 (Principle of development outside settlements) confirms that certain forms of development located outside of settlements (but not within the Green Belt or on Local Green Space) should be approved, unless the benefits of doing so would be substantially outweighed by any adverse effects, when assessed against the national decision-making policies in the NPPF. This includes development proposals for energy infrastructure.

This adjustment in policy is also a very positive move in the right direction. Taken together with the aforementioned direction that ‘substantial’ weight should be afforded to the benefits of renewable and low carbon energy this adjustment creates a policy framework which is weighted in favour of consent being granted. It will no longer be sufficient for a decision maker to refuse consent on the basis that the potential adverse effects of a scheme outweigh its potential benefits; the dial has been moved to the extent that adverse effects (either individually or cumulatively) would need to be particularly unusual or out of the ordinary to “substantially outweigh” the benefits of a scheme to which substantial weight should be attached. 

Development in the Green Belt

Draft Policy GB6 (Control of development in the Green Belt) Paragraph 3 retains the provision under Paragraph 160 of the Existing NPPF and confirms that “in the case of proposals for renewable and low carbon energy development, very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources”. Our view is that the use of the word “may” in this sentence creates opportunities for these benefits to be discounted and is not as strong as the presumption in favour of development established in NPS EN-1, restricting TCPA-level projects from the same level of policy support. 

Draft Policy GB7 (Development which is not inappropriate in the Green Belt) Paragraph 1f confirms that provided the impact on the openness of the Green Belt is minimised, and there would not be a significant conflict with the Green Belt purposes, electricity network infrastructure required in a Green Belt location would not be inappropriate development in the Green Belt. This addition will support the case for delivery of grid infrastructure investments which may require a Green Belt location.

Decentralised Energy and Co-Location

Draft Policy W2 (Securing renewable and low carbon energy, and electricity network infrastructure) Paragraph 1b encourages Local Plan policies to require new development to identify opportunities to draw its heat or energy supply from decentralised networks (such as district heat networks), renewable or low carbon energy supply systems, and for co-locating potential customers and suppliers of surplus heat or energy. Draft Policy CC2 (Mitigation of climate change) Paragraph 1e reiterates this requirement for the purposes of decision-making, whilst Paragraph 2 of the policy requires ‘substantial weight’ to be applied to the benefits of “drawing energy from district heat networks, renewable and low carbon sources (including through the installation of heat pumps and solar panels where these do not already benefit from permitted development rights)”.

Draft Policy E1 (Providing the conditions for long term economic growth) Paragraph 1a requires plan-making to have regard to the Industrial Strategy, with Draft Footnote 33 confirming that ‘clean energy industries’ are one of the priority sectors to support growth. Paragraph 1c goes on to confirm that as part of this, provision should be made for “associated generating capacity, and grid connections”. 

These elements recognise the wider benefits to the economy and new development of drawing energy from renewable and low carbon sources and provides supportive policy context for co-location of energy generation and demand.

Underground Gas & Carbon Storage

Draft Policy M5 (Development involving peat, coal or onshore oil and gas) confirms that Minerals Planning Authorities should support proposals for underground gas and carbon storage and associated infrastructure if local geological circumstances indicate its feasibility. It should also be ensured that the integrity and safety of underground storage facilities are appropriate, taking into account the maintenance of gas pressure, prevention of leakage of gas and the avoidance of pollution. This updates and expands upon Paragraph 228b) of the existing NPPF and is a welcome recognition of the role of storage in achieving net zero emissions, not only for carbon storage but also for the storage of hydrogen and other fuels essential for decarbonisation.

Revocation of WMS and other planning policy

Draft Annex 1 confirms that the content of the following Written Ministerial Statements and other documents, where it relates to planning policies or decisions for clean energy, has either been fully or partially incorporated with the Draft NPPF or no longer represents up-to-date Government policy. A number of these are related to NZI policy and it is positive to have confirmation that they are superseded or revoked so they are no longer applied in decision-making.

Our view - a welcome set of changes

Overall, we welcome the proposed amendments to the NPPF and establishing a more positive and flexible framework for the promotion and approval of applications for renewable and low carbon energy generation.

There are elements which we consider require further refinement, however, and we look forward to engaging with the consultation on behalf of our clients who are already contributing to the energy transition and delivering net zero and energy security on the ground.

The consultation on proposed reforms to the NPPF and other changes to the planning system is open until 11:45 on 10 March 2026. If you would like to discuss the consultation and/or require support to prepare representations, please contact a member of our NZI Team.

For more information on our work in NZI, please get in touch with a member of our NZI team. 

7 January 2025

[1] Government response to the proposed reforms to the National Planning Policy Framework and other changes to the planning system consultation

[2] Planning for new energy infrastructure: 2025 revisions to National Policy Statements

[3] Overarching National Policy Statement for Energy (EN-1) - December 2025

[4] NPS EN-1, Paragraph 2.3.4

[5] National Policy Statement for Renewable Energy Infrastructure (EN-3)