Onshore wind and biodiversity net gain: our assessment of two key government consultations

Representing members’ interests, the CLA has submitted responses to two important consultations on small-scale onshore wind permitted development rights (PDRs) and a proposed biodiversity net gain (BNG) exemption for brownfield residential developments.

The Department for Energy Security and Net Zero (DESNZ) has consulted on a new PDR for small-scale, non-domestic wind turbines in England. The proposal is designed to enable the delivery of singular wind turbines to come forward without a full planning application where conditions and limitations are met.

The CLA has responded in broad support of the proposed PDR as it will reduce planning burdens, support rural business investment, improve energy security and help decarbonisation. Key points within our consultation response include:

• The need for the PDR to apply within the boundary of a land holding, rather than within the curtilage. This would bring the proposed PDR in line with the existing rights for agricultural and forestry development. Without this subtle change, the proposed PDR could exclude many farms and rural businesses
• To support greater flexibility for rural businesses, we have suggested extending the PDR to either allow more than one smaller turbine or apply a maximum capacity threshold across multiple turbines
• The need for the proposed PDR to be extended into Protected Landscapes. Not including these areas within scope of the PDR puts businesses in these locations that want to generate renewable energy or increase their energy independence at a disadvantage
• Concern that conflict with the current Environmental Impact Assessment (EIA) rules could undermine the purpose of the PDR. The government must clarify how EIA screening will interact with the new PDR
• Support for future changes to domestic wind PDRs, including removing restrictions linked to air source heat pumps and allowing turbines in designated land where impacts are limited
• The introduction of a PDR for repowering and community energy projects

Following the government announcement of a new exemption for development sites of up to 0.2ha from BNG from 3 July 2026, a consultation on a further exemption has been undertaken by Defra.

The consultation asked whether a targeted exemption should be introduced, how brownfield residential development for this purpose should be defined, and what thresholds might be appropriate.

The CLA’s response is the outcome of extensive member feedback from both national and branch committees. For members, this is an important debate about how the planning system balances viability, housing delivery and environmental objectives – especially where brownfield constraints can already be significant.

Our assessment of the proposal is that it will have a greater impact on those members that are trading in the off-site BNG market rather than those members with development ambitions. This is due to the nature of the proposal and the focus on unlocking brownfield development in urban areas rather than rural areas.

The CLA has objected to the proposed targeted exemption for brownfield development for the following reasons:

• It will not solve the ongoing viability problem for residential brownfield development and will provide little in the form of relief from this wider issue
• The proposed exemption risks undermining the off-site BNG market which requires stability, not attrition
• The planned 0.2ha exemption will likely go far enough in addressing problems identified with the BNG regime in 2025. There is also a risk that it will weaken demand in the off-site nature market in the short term
• The proposal for the exemption on a ‘targeted area’ basis risks opening it to misuse such as boundary manipulation in the form of fragmented sites and smaller application boundaries to qualify for the exemption

Recognising that there is scope for a better solution, the CLA has suggested an alternative approach for Defra. This would require residential brownfield sites up to 2.5ha to meet simpler BNG obligations through the delivery of less valuable units (such as grassland units). This approach would materially improve the viability and deliverability of these sites without undermining the off-site BNG market. Although it would not secure an exact like-for-like replacement plus 10%, it would still deliver a measurable benefit for nature, whereas the proposed targeted exemption would deliver none.