Solar PV: High Court Update

Thursday 15 December 2011, 15:30 GMT

Mr Justice Mitting today granted permission for a judicial review in the case of “The Queen v Secretary of State for Energy and Climate Change” to go forward as a matter of urgency. Next Tuesday and Wednesday the Court will hear arguments which could negate the governments decision to cut the feed in tariff before the planned deadline of 31 March 2012.

Those who attended the packed courtroom were encouraged by Mr Justice Mitting’s insistence that this review be conducted as soon as possible to avoid further financial damage to PV installation companies that have considerable amounts of money invested in supplies and materials.

The Court will concentrate on the retrospective issue of the government’s ‘proposal’. As the feed in tariff was set up by primary law with the stipulation that the tariff would remain in effect until 31 March 2012 with a review prior to that date for the purposes of adjusting the tariff rate, it is argued that the Department for Energy and Climate Change cannot retrospectively change the tariff prior to that date and can certainly not arbitrarily set a cutoff date 12 December 2011. Mr Justice Mitting zeroed in on this aspect of the arguments citing the economic damages that have resulted already and that will continue to be suffered by many small businesses. He seemed to surprise everyone with his desire for swift action. A decision is due on Wednesday afternoon.

Should the decision uphold the government cuts, Mr Justice Mitting has left open the possibility of additional challenges with judicial reviews based on at least three other issues. So there are many additional opportunities to overturn the FiT cuts if this one fails.

WHAT DOES IT MEAN TO US?

There is a high probability that the feed in tariff will continue at 43p until 31 March as originally enshrined in law. If the government’s cuts are overturned next Wednesday a great surge of new solar PV orders is likely to follow in the following days. We strongly suggest that you contact one of the Village Energy Suppliers IMMEDIATELY to arrange for installation. Do this BEFORE Wednesday if you can. Your order will be processed but you will not be obligated to go ahead with the installation unless the old feed in tariff is reinstated. BE SURE to tell them that you are part of the VILLAGE ENERGY PROJECT and make sure they note that on your order. You can reach Beechdale Energy at 01223 264520 and Aran Services at 01284 812520.

Those wanting our FREE PV programme will have to wait until January. If you have not already contacted us please do so by email at solar@hicourier.co.uk

Please note that we have been heavily involved in actions to overturn the government’s decisions over the past 7 weeks. We are very behind on answering your emails so please be patient.

More detailed info will follow at www.hicourier.co.uk and, of course, we will be back at the High Court in London next week to report on the arguments and the decisions.

- Ken, Village Energy Project
07402 674585

Breaking: High Court to Decide Solar PV Tariff Cuts

MR JUSTICE MITTING ruled moments ago to allow the judicial review brought by Friends of the Earth (FOE) and two solar companies to proceed early next week. More to follow. Check the HI Courier website for details and an important announcement for those wishing to purchase solar PV for their homes.

Village Energy Project – Update THURSDAY 08 December 2011

A lot has been happening behind the scenes in the past two weeks.  While I cannot yet tell you the entire story, I can say that the question of feed in tariff cuts is still wide open and the battle is heating up.  As I have said in previous e-mails the likely scenario is a compromise which will vacate the 12th December cut-off and extend the current 43.3 p feed in tariff (FiT) until at least 31 March 2012. At the moment our installations and planning are on hold pending a decision.  Here are the latest developments:

1. High Court Agrees to Hear FiT Challenge:

After much legal manoeuvring, the High Court will hear a petition to permit a challenge to the government’s feed in tariff cuts.  The petition is brought by Friends of the Earth (FOE) and two solar companies. It will be heard next Thursday 15 December.  A Judicial Review is complicated and it will take time. However, the pressure is mounting on government to compromise. Friends of the Earth’s Executive Director Andy Atkins said: “It’s short sighted for Ministers to move the goalposts and prematurely pull the subsidy – this will cost tens of thousands of jobs, bankrupt businesses and reduce Treasury income by up to £230 million a year.” Lots more late next week on this.

2. Face-Saving Strategy for 2012?

The industry is also actively lobbying the Department of Energy and Climate Change (DECC) to increase the Export Tariff.  The export tariff is currently set at 3.1p per kWh.  DECC is being asked to raise that to at least 9p.  This may be a signal for what will happen AFTER April 2012 – a ‘compromise formula’ bringing the total payment to homeowners to at least 30p (21p FiT plus 9p DECC topup). This would provide excellent returns given the rapid drop in the cost of PV panels coming in January 2012.

NOTE: This is all getting very political. The coalition will be very uncomfortable if the continuing anger over the FiT cuts results in a substantial Labour comeback in the 2012 local elections. It’s something that neither David Cameron or Nick Clegg wants as it would weaken their leadership of their respective parties.

3. European Commission to Bring Legal Action Against UK over FiT Cuts:

The European Commission has now stated publicly that it will take legal action against the UK because its action to cut the tariff to 21p undermines the UK’s legal binding 2020 target for renewable energy production. The Commission’s position is that any changes to FiT support schemes must be done in a manner which does not undermine and destabilize the renewable energy industry. What the statement really says is: Germany, the most powerful player in the EU and the main hope of preventing a second recession or worse in the UK, is very unhappy that its solar industry will be hit heavily by the UK cuts to the feed in tariff. Hence, the very real threat of action by the Commission.

German solar PV, inverters, roof mountings, wind turbines and even some of their underemployed installation teams are coming into the UK in large numbers. Renewable energy is big business and Germany is the clear leader of renewable energy manufacturing in the EU.  Until the 31 October (Halloween) announcement of the feed-in-tariff cuts by Minister Greg Barker, the UK was catching up quickly and there was talk of large scale investments planned for new renewable energy manufacturing here. That would mean lots of new jobs and a growing economy.

The threat of European Commission action could be another face saving way out for the government which has been widely condemned for it’s FiT cuts. For many conservative back benchers this could be more ammunition for their anti-EU campaign. And for the Lib Dems, it would be a welcome relief as the FiT cuts issue is unlikely to be favourable to Lib Dem candidates in the May 2012 local elections. Both parties could hold up their hands and say “the EU made us do it.” The ‘it’ being the re-instatement of the original FiT rate. As mentioned above, the leaders of both parties in the coalition are on shakey ground over the UK economy and the Europe Union.  A bad election result could seal their fate.

We Are Not Alone:

The FiT cuts here are part of a worldwide campaign by big energy companies to maintain the status quo and keep us on a fossil fuelled road well into the future.  The big energy companies are pulling out all the stops as countries around the world are initiating their own feed in tariffs to encourage adoption of clean renewable energy.

There is a worldwide campaign to stop that development and to continue on a ‘business as usual’ footing. We know that such a plan is suicide for virtually all of us. Yet the short term profits are just too enticing for the large energy companies. Today at the UN Conference on Climate Change in Durban the United States, pushed by its own powerful energy lobby, is trying to get a resolution passed to delay all cuts of CO2 emissions until 2020.  Of course, by then it will be too late.

This is a time of great technological change.  We’ve seen it before. Those of us who remember technology in the late 1960′s will know the name IBM.  They were the undisputed leader in computing and a very powerful player on the world market.  In the early 70′s if you had a computer in your office it usually meant you had a ‘dumb terminal’ connected to some remote IBM computer in a major city.  The idea of ‘distributed computing’ with a real computer on every desk was something out of science fiction.  When the first microcomputers came out they were curiosities rather than the workhorses they are today.  IBM tried to sabotage the idea of distributed computing but failed.

Today we can’t imagine a world without our laptops and ipads (and smartphones, too!) That scenario is being played out again – this time with energy generation.  Our grand kids will find it amusing that we once had centralised power stations that required big ugly power distribution pylons spoiling our landscape instead of rooftop technology that converted solar energy into free power for our homes and vehicles.

Self-Evident:

Every new idea goes through three phases: 1. Ridicule; 2. Persecution; and finally 3. Acceptance as self-evident.  We are in the latter part of stage 2.  Energy companies (oil, gas, coal, electricity, and nuclear) are pouring money and political capital into preventing the inevitable: renewable energy generated in every home and village in the country. To most of us the idea is already self-evident.  Those companies who oppose the idea will either have to change or move out of the way – just like IBM did.

The key to a bright, clean and inexpensive energy future depends on us – not on government, not on big fossil energy companies.  DO contact our MP James Paice to remind him that you are watching. This whole fight is disgustingly political. It’s time to make your voice heard.

More as it happens …

Cheers
Ken Doyle
Village Energy Project
HI Courier

SCDC Approves Parish Joining

Parish Council Grouping Order Request Agreed by SCDC

South Cambridgeshire District Council met on Thursday 24th November to consider the request from the Histon and Impington Parish Meetings, held on 14th  October, to combine the Parish Councils into a Common Council in 2012.

They RESOLVED:

(a) the making of a Grouping Order to group the Parish Councils of Histon and Impington; and

(b) to delegate to the Chairman of the Electoral Arrangements Committee, in consutlation with officers and the two parish councils, to finalise the wording of the Grouping Order

There is a lot of work to be done yet, but it is hoped the actual grouping of the Councils will co-incide with the normal end of year for Council business in April/May 2012

The Parish Councils wish to thank everyone who took time to give valued input to the process

Parish Council Grouping Order Request Agreed by SCDC

South Cambridgeshire District Council met on Thursday 24th November to consider the request from the Histon and Impington Parish Meetings, held on 14th  October, to combine the Parish Councils into a Common Council in 2012.

They RESOLVED:

(a) the making of a Grouping Order to group the Parish Councils of Histon and Impington; and

(b) to delegate to the Chairman of the Electoral Arrangements Committee, in consutlation with officers and the two parish councils, to finalise the wording of the Grouping Order

There is a lot of work to be done yet, but it is hoped the actual grouping of the Councils will co-incide with the normal end of year for Council business in April/May 2012

The Parish Councils wish to thank everyone who took time to give valued input to the process

Make Sure Your Vote is Safe

Secure your vote next year by returning your electoral registration form by 30 November - that's the message for South Cambridgeshire residents.

A huge 96.32% of households in the district have returned their form, but the small number that haven't need to reply by Wednesday 30 November, or they may not be able to vote in next year's local elections.

South Cambridgeshire District Council has sent two reminders to each home that has not registered. Council representatives have also been out in the district, visiting households to encourage people to complete and sign the paperwork.

If details haven't changed, forms can be confirmed quickly and easily using a freephone number, internet or text messaging service - details are on the form. These options close on Friday 25 November, but posted forms will still be accepted up until next Wednesday.

Jean Hunter, South Cambridgeshire District Council chief executive and electoral registration officer, said:

"Our return rate this year is already higher than last year's total, but just over 2,000 households still haven't sent back their form. We don't want anyone to lose their voice at election time, so secure your vote by returning your form."

For more information, or to ask for an electoral registration form, contact electoral services on 03450 455 214 or election@scambs.gov.uk

Make Sure Your Vote is Safe

Secure your vote next year by returning your electoral registration form by 30 November - that's the message for South Cambridgeshire residents.

A huge 96.32% of households in the district have returned their form, but the small number that haven't need to reply by Wednesday 30 November, or they may not be able to vote in next year's local elections.

South Cambridgeshire District Council has sent two reminders to each home that has not registered. Council representatives have also been out in the district, visiting households to encourage people to complete and sign the paperwork.

If details haven't changed, forms can be confirmed quickly and easily using a freephone number, internet or text messaging service - details are on the form. These options close on Friday 25 November, but posted forms will still be accepted up until next Wednesday.

Jean Hunter, South Cambridgeshire District Council chief executive and electoral registration officer, said:

"Our return rate this year is already higher than last year's total, but just over 2,000 households still haven't sent back their form. We don't want anyone to lose their voice at election time, so secure your vote by returning your form."

For more information, or to ask for an electoral registration form, contact electoral services on 03450 455 214 or election@scambs.gov.uk

Electoral Arrangements Committee RECOMMENDS Grouping of Parish Councils

In a decision yesterday, the Electoral Arrangements Committee RECOMMENDED TO COUNCIL the making of a Grouping Order that would join the Parish Councils of Histon and Impington. It now goes to the full South Cambs District Council to approve the recommendations and make the order. This is likely to occur within the next few weeks.

The complete text of the announcement is as follows:

ELECTORAL ARRANGEMENTS COMMITTEE
MONDAY, 21 NOVEMBER 2011
DECISIONS

Set out below is a summary of the decisions taken at the Electoral Arrangements Committee
held on Monday, 21 November 2011. Decisions made by the Portfolio Holder will be subject
to call-in. Recommendations made to the Cabinet or to the Council are not subject to call-in.
The wording used does not necessarily reflect the actual wording that will appear in the
minutes. If you have any queries about any matters referred to in this decision sheet please contact
Philly Sewell.

1. PARLIAMENTARY CONSTITUENCY BOUNDARIES
The Electoral Arrangements Committee AGREED that a response from the authority be
submitted to the Commission in support of the proposals.

Other Options Considered:

(a) That no authority response is submitted to the Commission

(b) That a response from the authority is submitted to the Commission in support of
the proposals

(c) That a response from the authority be submitted to the Commission objecting to
the proposals. An objection should include a counter proposal.

Reason For Decision:

The Electoral Arrangements Committee will need to review the guidance issued by the Boundary Commission regarding submission of consultation responses. It is clear from the documentation that an objection with a counter proposal will carry more weight than a standalone objection.

2. HISTON AND IMPINGTON: AMENDMENTS TO ELECTORAL ARRANGEMENTS
The Electoral Arrangements Committee RECOMMENDED TO COUNCIL the making of
a Grouping Order.

Other Options Considered:

(a) To recommend the making of a Grouping Order (as requested) in the terms of
the Draft Order attached to this report as Appendix B, or

(b) To recommend the making of a Grouping Order in the terms of the Draft Order
annexed subject to such amendments as the Committee recommends, or

(c) To direct that a full Community Governance Review under the Local Government
and Public Involvement in Health Act 2007 be undertaken, to set the remit for
such review including the possible reduction of Councillors from 26 to 19 and to
defer any decision pending the outcome of that Review, or (d) To recommend
that no order is made thus retaining the status quo i.e. two parishes served by
two parish councils.

Reason For Decision:

The Council has a duty to ensure that any order it makes
reflects the identities and interests of the local community in the area and that it is
effective and convenient.

Wanted – Film Crew!

 read more ...

« Previous Page — Next Page »