PLANNING PERMISSION FOR ENERGY STORAGE FACILITIES

1. Introduction

Planning permission for energy storage facilities concerns the legal authorisation required to construct and operate infrastructure that stores electricity for later use. In the United Kingdom, the most prominent technology is the Battery Energy Storage System (BESS), although storage can also include pumped hydro, compressed-air and other technologies. Storage supports renewable integration, system balancing and network flexibility, but planning authorities must consider land use, landscape effects, noise, biodiversity, fire safety, traffic and neighbouring communities. UK planning guidance expressly recognises electricity storage as capable of supporting cost-effective decarbonisation and balancing intermittent renewable generation.

2. Planning Framework in England

In England, standalone electricity-storage facilities, other than pumped hydro storage, are generally determined by the relevant local planning authority (LPA) under the Town and Country Planning Act 1990.

A significant reform occurred through the Infrastructure Planning (Electricity Storage Facilities) Order 2020. It removed electricity-storage facilities, except pumped hydro, from the normal generating-station thresholds of the Nationally Significant Infrastructure Project (NSIP) regime under the Planning Act 2008. Consequently, even large standalone battery-storage projects in England generally proceed through the local planning system, although the Secretary of State may potentially direct a project into the NSIP regime under section 35 of the Planning Act 2008.

3. Determination of Planning Applications

When determining a BESS application, the LPA applies the development plan and other material planning considerations. Important matters can include the site's location, visual impact, agricultural land, ecology, drainage, highways, residential amenity and connection infrastructure.

Particular attention is increasingly given to battery fire and thermal-runaway risks. Government planning guidance states that applicants proposing lithium-ion BESS developments of 1 MWh or more, other than systems associated with residential dwellings, are encouraged to engage with the relevant fire and rescue service before submitting the application. LPAs are likewise encouraged to consult the fire service during determination.

Planning conditions may consequently regulate matters such as landscaping, construction hours, emergency access, drainage, noise mitigation and eventual decommissioning.

4. Safety and Environmental Regulation

Planning permission does not replace other regulatory duties. Operators may separately be subject to the Health and Safety at Work etc. Act 1974, Electricity at Work Regulations, Construction (Design and Management) Regulations and rules concerning dangerous substances.

The Health and Safety Executive confirms that grid-scale BESS operators must manage electrical, fire and explosion risks throughout the facility's lifecycle. Sites containing specified quantities of dangerous substances may also trigger notification requirements.

Government safety guidance recommends that risk assessment begin during project design and address credible hazards affecting both the facility and its surrounding environment.

5. Case Law

Case 1: Walsall Metropolitan Borough Council v Secretary of State for Housing, Communities and Local Government [2025] EWHC 2117 (Admin)

Facts: The local authority sought to challenge a planning inspector's decision allowing an appeal concerning a proposed 49.35 MW battery energy storage facility at Chapel Lane, Great Barr. The development was located within the Green Belt.

Legal Issue: The dispute concerned whether the inspector had lawfully applied planning policy when deciding whether the BESS development should receive permission despite Green Belt restrictions.

Judgment: The High Court considered the authority's grounds challenging the inspector's planning judgment and interpretation of relevant policy.

Legal Principle/Ratio Decidendi: Energy-storage proposals remain subject to ordinary planning-law principles. Their contribution to energy infrastructure does not automatically override restrictive land-use policies; the decision-maker must lawfully assess the relevant planning considerations.

Significance: The case demonstrates the tension between strategic electricity-storage requirements and local land-use protection.

Case 2: R (Friends of Gillingham (Norfolk) Countryside CIC) v South Norfolk District Council [2026] EWHC 777 (Admin)

Facts: Objectors challenged planning permission for expansion of roadside services incorporating several uses, including battery energy storage facilities. During the application process, amended documents were submitted and questions arose concerning their publication and further consultation.

Legal Issue: Whether the council's consultation and decision-making process was legally adequate following material changes to the planning documentation.

Judgment: The High Court examined the procedural fairness and legality of the council's handling of the amended application.

Legal Principle/Ratio Decidendi: Planning authorities must ensure that consultation and consideration of material planning information satisfy applicable public-law and planning-law requirements.

Significance: The case shows that BESS approval depends not merely on technical merits but also on procedurally lawful public participation and decision-making.

6. Conclusion

Planning permission for energy storage facilities represents a balance between rapid electricity-system decarbonisation and conventional planning controls. In England, most standalone BESS projects are locally determined following the 2020 removal of storage from the ordinary NSIP capacity thresholds. Nevertheless, developers must address land-use impacts, environmental effects, community concerns and increasingly important fire and emergency-management risks. The emerging case law confirms that strategic energy benefits are important considerations, but storage projects remain fully subject to lawful planning procedures, rational decision-making and judicial supervision.