UK Solar Farm Biodiversity Net Gain and BNG Planning Guide

Key Takeaways

• Utility-scale solar farms in England must navigate statutory planning procedures and Environmental Impact Assessment (EIA) screening.
• Under Schedule 2 of the EIA Regulations 2017, projects are screened where development area exceeds 0.5 hectare.
• Planning authorities regulate site use and ecological commitments through Section 106 legal deeds.
• Section 106 covenants contain financial provisions and are enforceable against successors in title.
• End-of-life solar modules are regulated under statutory WEEE producer financing rules.
• Decommissioned panels and cabling are controlled waste subject to statutory duty of care transfers under Section 34 of the EPA 1990.

Statutory EIA Screening Thresholds

Developing utility-scale ground-mounted solar in England requires assessing environmental impacts under secondary legislation:

• Energy Generation Class: Scheduled under Industrial installations for the production of electricity, steam and hot water (unless included in Schedule 1).
• Screening Scale: Formal screening by the local planning authority is triggered where The area of the development exceeds 0.5 hectare.
• Where sites exceed this threshold, developers must submit a formal screening request evaluating traffic, landscape character, and archaeological assets.

Section 106 Planning Deeds and Legal Governance

Local planning authorities enforce environmental obligations across the operational lifecycle:

• Planning Authority Powers: A local planning authority may enter into an agreement with any person interested in land in their area for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement.
• Financial Provisions: Any such agreement may contain such incidental and consequential provisions (including financial ones) as appear to the local planning authority to be necessary or expedient for the purposes of the agreement.
• Binding Successors in Title: An agreement made under this section with any person interested in land may be enforced by the local planning authority against persons deriving title under that person.

End-of-Life Stewardship and WEEE Regulations

Solar developers must plan for decommissioning from the initial planning stages:

• Statutory Classification: Equipment is scheduled alongside gas discharge lamps, LED light sources and photovoltaic panels.
• Financing Responsibilities: Governs the financing of the costs of the collection, treatment, recovery and environmentally sound disposal of WEEE.
• Producer Accountability: Audits the amount in tonnes of WEEE for which the producer has been responsible for financing the costs of the collection, treatment, recovery and environmentally sound disposal during the relevant compliance period.

Controlled Waste Duty of Care under EPA 1990

Dismantled electrical components and site waste must strictly follow statutory environmental laws:

• Statutory Duty: Outlines the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste.
• Containment: The legal obligation to prevent the escape of the waste from his control or that of any other person.
• Authorised Transfer: Mandates that the transfer is only to an authorised person or to a person for authorised transport purposes.
• Documentation: Requires a written description of the waste as will enable other persons to avoid a contravention.