Introduced in 2011, the Localism Act was touted by the government as heralding a ground-breaking shift in power to councils and communities, overturning decades of central government control. It contains powers designed to give communities more say in local development, and incentives for doing so.
However, of late the government has been retreating from its localism aspirations, and there is a growing tension between what local people want and what the government wants local authorities to deliver via their local plans. For instance, local authorities often turn down applications for renewable energy projects as a result of significant local opposition, but planning permission is granted on appeal.
The publication of the National Planning Policy Framework (NPPF) in March signalled the government’s push for growth, including measures to support and increase the provision of renewable energy. The NPPF states that to “help increase the use and supply of renewable low carbon energy, local planning authorities should recognise the responsibility on all communities to contribute to energy generation from renewable or low carbon sources”.
Local authorities have tried to argue that the Localism Act and associated ministerial statements give more weight to the views of the local authority and local people where they are in conflict with the NPPF. However, this principle was tested in a recent case involving Tewksbury Borough Council, and housing plans ended up following policy in the NPPF rather than at a local level.
This does not mean to say that local people, in many cases backed by local councillors, cannot put obstacles in the way of planning permission for renewable energy projects. For example, due to an influential petition against the development of a biomass incinerator, Trafford MBC turned down planning permission, despite it being recommended for approval by council officers.
And if planning permission is granted for a project by the local authority, this can be challenged by way of judicial review. The costs of such action and the risk of having to pay the local authority if the claim failed have been a barrier, but the situation has recently changed. From 1 April 2013, the Civil Procedural Rules were amended to cap a claimant’s costs at £5,000 for individuals and £10,000 in all other circumstances.
This change is likely to encourage more judicial review claims against planning permission, although protestors may have their wings clipped by government proposals to limit the use of judicial review in planning cases.
In many respects, the objections by local communities to renewable energy projects can be seen as short-sighted. If the energy gap is to be closed, there is going to have to be a higher level of acceptance from society in general of renewable energy, low carbon measures and unconventional gas. Clearly, the government and energy companies need to play their part in increasing such acceptance, and in ensuring that communities are fully engaged in the process.
In addition, even if low carbon technology is in place, people need to understand the benefits and buy into its use. Overall, there needs to be a culture shift in how energy is viewed for any significant changes to be made. It is a shift that localism, it seems, has not assisted.
Jo Hannah, energy and utilities associate, DWF LLP
Good neighbours: Southern Water success at Peacehaven
After more than a decade in planning, Southern Water’s new wastewater treatment works at Peacehaven is bringing cleaner seas to Sussex. This £300 million environmental improvement scheme was built by 4Delivery, a joint venture between Veolia Water, Costain and MWH.
For local people, however, the opening will focus on the creation of a new expanse of green public open space that has been developed as part of the scheme. Covering 15 hectares, it is one of the most visible aspects of the treatment works project and an illustration of how companies can absorb the local agenda into their thinking. The Big Parks Project, an independent body, asked the local community what facilities they would like to include in the new park, created using chalk excavated during construction of the works.
The local agenda for this project meant recognising that attitudes and priorities can change within a few miles. The treatment works and one of the outlying pumping stations needed to blend into the landscape of the South Downs National Park, preserving uninterrupted views to the Downs and the sea. The other pumping station, located within Brighton and Hove, needed to be a landmark building, providing a “gateway” for visitors entering the city from the east.
Meanwhile, the main works at Peacehaven also needed to address local concerns with one of the most extensive odour control solutions in the country.
In fact, the project raised interesting questions about localism. After all, Southern Water touches every house in its region: but one reason the project was opposed (when it replaced still less welcome plans for another site), was that although it is sited in Peacehaven, 85 per cent of the waste treated comes from neighbouring Brighton and Hove.
So, even after Southern Water finally convinced local planners and the secretary of state that the site was the “least worst” option, the team still had to face local direct action when they started work.
This vociferous opposition has gradually subsided and the community appears to be settling down to an acceptance of the project. That has been the result of extensive local engagement, and a realisation that, through careful site management, the anticipated mess and turmoil from construction activity has not materialised.
Site visits were arranged for local people with more than 2,000 taking the opportunity to learn both about the construction activity and the need for the project. The team also took a very granular approach to local engagement – providing newsletters tailored to each small community affected by the project.
That approach paid off as regards one of the biggest aspects of the project: tunnelling (which called for 24-hour working across a large area). Local engagement included visits to see the tunnel-boring machines and competitions for local children to name them, property surveys and a visitor centre. But the team also responded to local concerns – for example, working with environmental health they came up with minimal lighting schemes, and introduced a “lock-down” for night workers to avoid traffic movements on or off site between 7pm and 7am.
Local people responded to that, and to films of the workers underground that showed the tough conditions under which they were working. The result of this continuous – and very human – engagement was that there were minimal complaints during the tunnelling work.
Counsellor Chris Ogden, former Peacehaven mayor, summed up the success of this project: “You have become part of the community.”
John Awdry, communications and environmental manager at 4Delivery.
Heckington Fen: Ecotricity gets the people on side
In February, Decc approved Ecotricity’s proposal for the company’s biggest wind park to date, at Heckington Fen in Lincolnshire. Aside from being a superb location, the nearest neighbours to any of the turbines are at least 1km away.
Despite that distance, Ecotricity knew it had to get the local community behind it if it was going to gain planning permission. It appointed specialist Kinetic Communications in 2011 to support its in-house public affairs, communications and planning teams.
Kinetic focused first on messaging and building Ecotricity’s case. Once messages were watertight, they were conveyed on various platforms – website, social media, media relations, advertising, written communications and so on.
“That messaging made the biggest difference,” says Andrew Muir, Ecotricity’s head of planning. “Some members of the community were sceptical about what we were saying but because we were confident in being honest, open and transparent in our communications, we were seen to be consistent, compelling and trustworthy.”
Kinetic organised three public exhibitions, inviting 3,500 people by letter as well as advertising in trusted local media and via community groups. “The key was treating people with respect by openly providing all the facts of the case for a wind park on Heckington Fen,” says Angela Podmore, managing director at Kinetic. “But equally, demonstrating that you are willing to listen and potentially change aspects of the proposal in order to minimise the impact on the local community.”
The exhibitions attracted 192 residents, 128 of whom completed a comments form, which recorded their post code and sentiment towards the proposed wind park. The results were geo-mapped and cited in the Environmental Impact Assessment.
“We won the community’s trust because the Ecotricity team didn’t duck the difficult questions and we met them on their own terms,” says Podmore. “One meeting sticks in my mind. We’d set up a parish hall in a clinic-style but then we were inundated with visitors who wanted a Q&A theatre-style. Ecotricity hadn’t prepared for such a “them and us” confrontational style event . We probably changed more minds by demonstrating that we were willing to be flexible in our approach to the consultation process than by what was actually said.”
Muir says: “At the end of the public consultation process, we had a considerable body of support for our proposal to submit to the planners and Decc. That was a first for me in many years of working in planning for renewable energy projects. It was our transparency and flexibility which proved crucial in building trust.”
Hannah Twist, account executive, Kinetic Communications
This article first appeared in Utility Week’s print edition of 24th May 2013.
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