Cornwall’s Green Cornwall Director leads the charge to change the law on local government energy innovation

Last updated: 23/04/2010 Add to My Bookmarks Subscribe

Government legislation which could have prevented Cornwall Council from delivering some parts of its ambitious and innovative Green Cornwall programme looks set to be changed – thanks to the efforts of the Council’s Green Cornwall Director Stephen Cirell.

Stephen, who is a leading specialist in climate change and has written a number of books on local government law, identified the potential problem while carrying out research on the legal duties of local authorities in this area.

“The key Act of Parliament which covers the powers of local authorities is The Local Government (Miscellaneous Provisions) Act 1976.” explained Stephen. “It was while I was looking in detail at the area of climate change for local government that I realised that this Act would prevent local authorities from selling the electricity generated from projects like local wind farms”.

Although Section 11 of the Act gives powers to local councils to set up and run plants to produce heat or electricity or both – it states that they have no legal powers to sell electricity to the grid unless it is connected with heat.

“This could be a very serious problem for local councils“ said Stephen. “Schemes using solar power, wind generation or even hydropower produce electricity without heat – which means that councils would be unable to sell the power produced by the schemes to the national grid”.

“The Government is encouraging local authorities to take a leading role in the development of renewable heat and electricity but this restriction would severely limit their ability to do so ".

Stephen, Head of Local Government with top law firm Eversheds at the time, wrote a briefing paper about his findings which was presented at a round table event on energy hosted by Eversheds and the New Local Government Network. This meeting was attended by Energy Minister Lord Hunt who talked to Stephen about the issue and then asked him for a copy of his briefing note.

Stephen has since joined Cornwall Council to run its Green Cornwall Programme. This involves a host of renewable energy projects.

“The Government is now considering changing the law to allow local authorities to sell electricity generated from renewable sources” said Stephen. “This would make a huge difference to our plans to set up a solar energy park and council run wind farms and then generate income for the Council by selling electricity to the national grid”.

“I am very proud that by identifying and then highlighting this problem, I have been able to help persuade the Government to seriously consider changing this restriction”.

Interested parties have until 2 June to submit their views to the Department of Energy and Climate Change who will make the final decision on whether and how to change the restriction.

“We will certainly be urging the Government to change the law" said Julian German, the Council’s Cabinet member for the environment. “Cornwall Council is committed to developing local renewable energy projects, with the creation of the solar energy park and the wind farms an important part of our Green Cornwall programme.

“To make these projects a success we need to be able to sell the electricity and I hope that the Government will work with us to enable us to achieve our aims”.

The Council’s position is also supported by Carolyn Rule, the Council’s Cabinet member for the economy who said “As well as helping the Council to reduce its carbon footprint, these renewable energy projects are also key to the success of a wider regeneration”.

“Cornwall Council is determined to become a world leader in tackling climate change and I am confident that the Government will listen to our views and change the law”.

Story posted 15 March 2010.