Duncan Williams
Duncan specialises in all aspects of the planning process including promoting schemes through the planning system, s106 Agreements, infrastructure agreements, legal challenges / judicial review, planning appeals, advertising regulations, assets of community value and planning due diligence.
He has particular expertise in the residential development sector where he is regularly instructed by national house builder clients. Recent highlights include a 1,200 house urban extension to Leighton Buzzard and a 2,300 dwelling development near Cirencester.
In addition Duncan has extensive experience acting in the Energy Sector and on corporate transactions where recent notable instructions include helping secure consent for a 4 turbine wind farm near Port Talbot in Wales and on the acquisition of several large scale solar farms for investors.
In respect of infrastructure projects Duncan advised Birmingham City Council on the planning aspects of their sale of the redeveloped Birmingham New Street Station, the recent sale of the National Exhibition Centre, National Indoor Arena and International Convention Centre in a 800 million pound deal and is advising on the securing of a development consent order for a new rail freight terminal.
4 Contributions by Duncan Williams
PRACTICE NOTES
Electricity Storage Planning and Consenting in England and Wales: NSIP carve-out (pumped hydro excepted), TCPA/DCO thresholds, Welsh DNS, and key considerations (2020 Orders; Energy Act 2023)
Introduction
This Practice Note examines planning matters relating to energy storage in England and Wales, including:
the nature of development involved in energy storage
modifications made to the planning regime for energy storage
how, within that regime, energy storage schemes obtain consent in England and Wales
the planning considerations relevant to consenting an energy storage scheme
For additional insight on the regulatory challenges and opportunities for energy storage projects, see the textbook: Energy Storage: Legal and Regulatory Challenges and Opportunities.
What is energy storage?
Put simply, energy storage means capturing energy at one moment so it can be used later. It offers multiple advantages, supporting increased deployment of renewables such as solar, wind and tidal—whose generation may not coincide with peak need—and enhancing security of supply by creating a grid more robust to interruptions.
How was energy storage dealt with in the planning regime for England and Wales historically?
Historically, the planning approach to energy storage has primarily depended on distinguishing between:
exempt electricity storage facilities
hydroelectric storage facilities
...
Planning
PRACTICE NOTES
Onshore wind planning and consenting in England and Wales: regimes, 2024–2025 reforms, NSIP/DNS/SIP thresholds, procedure, EIA/HRA, permitted development, conditions, and routes of challenge
For more hands-on guidance on pivotal legal matters in the wind sector, consult the textbook Wind: Projects and Transactions for practical depth and context, for further reading and reference.
What is onshore wind energy generation?
Onshore wind energy is produced by installing wind turbines on land to harness moving air so as to turn it into electricity. As air streams past the blades, the rotor spins, thereby driving the generator within the nacelle and converting kinetic energy to electrical power.
Wind turbines have five principal components, namely:
rotor blades
rotor hub
generator (housed in the nacelle)
tower
foundation
Further essential features of onshore wind schemes include cabling usually buried underground, a substation linking the project to the national grid, and an access road or track enabling construction, decommissioning and maintenance vehicles to reach the site during all project stages.
Onshore wind is widely regarded as a green, renewable source because no fossil fuels are burnt to make the electricity; instead it depends on a naturally occurring resource that does not run out (ie wind).
For additional practical guidance on legal topics in the wind sector, also see the textbook Wind: Projects and Transactions.
Planning regime for onshore wind energy generating...
Planning
PRACTICE NOTES
Regulatory framework for offshore wind in England and Wales: Crown Estate leases, marine licences, section 36, DCOs, EIA/HRA, policy, decision-makers and judicial review
What is offshore wind energy generation?
Offshore wind energy generation captures the movement of air using turbines placed in open waters, most commonly at sea. These offshore turbines feature blades that turn a rotor connected to a generator, mounted on either fixed or floating foundations and secured to the seabed. As the wind rotates the rotor, the generator transforms that mechanical motion into electricity, which is then delivered to the electrical grid via underwater cables for use by end-users.
While offshore and onshore wind farms have much in common, a notable difference is how steadily they can produce power. Output from wind is largely driven by wind conditions, which can vary widely. At sea, wind flow faces fewer obstacles and is therefore generally stronger and more consistent, so offshore turbines are engineered to harness this—offering far higher capacities, typically 8–12 megawatts (MW), compared with onshore machines that usually produce around 3–4 MW. See Practice Note: Offshore wind—technology.
Offshore wind is fast becoming a crucial, safe and renewable energy source, with the UK recognised as a world leader in the growth of offshore wind...
Planning
PRACTICE NOTES
Solar energy planning and consenting in England and Wales: TCPA 1990 and PA 2008 routes, Welsh DNS/SIP, capacity thresholds, EIA/HRA, policy, permitted development, conditions and challenges
What is solar energy generation?
Solar energy generation refers to converting sunlight into electrical power using solar panels made up of photovoltaic cells. When light lands on these cells it produces an electric field, which in turn drives an electrical current. Panels are usually placed on roofs or at ground level in locations with strong sunshine. Electricity produced can be used straight away or stored in batteries for later consumption.
Key elements of a solar scheme also include buried cabling, a substation linking the project to the national grid, and an access road or track so construction, decommissioning and maintenance vehicles can reach the site. As a renewable, sustainable option, solar has become popular for its ability to cut dependence on non-renewable sources, reduce carbon emissions, and lower energy costs over time. For practical guidance on solar projects across various jurisdictions, see the textbook: Solar Power: A Practical Handbook.
The planning regime for solar energy generation in England
Development of solar energy generating stations in England is consented via the following routes:
planning permission...
Planning
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