Battery Energy Storage Sites: Safety Regulations

Debate between Alec Shelbrooke and Miatta Fahnbulleh

Thursday 5th June 2025 Commons Chamber

[Miatta Fahnbulleh]

We recognise that there needs to be co-ordination, but first, let me take the framework that is in place. It is often claimed that there is no regulation in this sector because there is no specific law addressing battery safety. That is simply untrue. The safety and standards of batteries are assured throughout their life cycle. The Government are therefore confident that the safety risks posed by grid-scale batteries are relatively small and well managed.

I will take each aspect of this matter in turn, beginning with the planning regime. Planning practice guidance encourages battery storage developers to engage with local fire and rescue services before submitting a planning application, so that the issues relating to siting and location that hon. Members have raised are dealt with before an application is made. I think there is scope to strengthen the process and build on it in order to address some of the issues that have been raised.

Let me come to the crux of the regulatory regime for grid-scale batteries: the health and safety laws, overseen by the Health and Safety Executive. The fundamental principle of health and safety law is that those who create risk are best placed to control it. Operators of grid-scale battery sites are expected to assess the specific situation and implement the necessary control measures. Of particular relevance are the Health and Safety at Work etc. Act 1974, the Dangerous Substances and Explosive Atmospheres Regulations 2002, the Electricity at Work Regulations 1989 and the Management of Health and Safety at Work Regulations 1999. Together, that framework puts in place protections against some of the issues that have been raised, but I take the point that the hon. Member for Aberdeen North (Kirsty Blackman) raised—that there is scope to think about how we bring this together in a way that is accessible and enforceable, and ensures that the underlying provision and protections that are baked into legislation are well understood by the sector.

To complement the existing health and safety framework, the Government will consult later this month, to answer the question on the timescale, on whether to include batteries in the environmental permitting regulations, to provide further safeguards and assurances. Environmental permitting will provide for the ongoing inspection of battery sites, giving additional assurance that appropriate mitigations are maintained throughout the project’s life cycle. Critically, the environmental permitting regulations make it an offence to operate a regulated facility without a permit, or in breach of the conditions of that permit. We will consult on the principle and then work with industry, local government and key stakeholders in order to develop the detail. If we get it right, that should go a long way to addressing many of the concerns that have been raised.

[Sir Alec Shelbrooke]

When the Government do the research on mitigation that the Minister talks about, I gently suggest that they lay down in statute the minimum mitigation facilities that will be expected to be satisfied in planning applications. At the moment, there is no statutory outline for what mitigation must be put in place. Inspections are great, but we are not actually inspecting anything from a statutory point of view. I encourage her to ensure that the result of the research is that applicants have it laid out for them what mitigation needs to be in place.

[Miatta Fahnbulleh]

We will consult, and work with a host of parties to ensure that we get this right. As my hon. Friend the Member for Rushcliffe (James Naish) said, we have an interest in ensuring that the public feel complete confidence as we put forward this technology, and as we agree sites across the country.

Let me respond to the specific point that was raised by a number of hon. Members on the proximity to residential areas. It is true that there is no mandated minimum distance between BESS sites and occupied buildings, but the National Fire Chiefs Council guidance recommends a distance of at least 25 metres. We can look at how we can build on that going forward.

The one thing that I hope everyone takes away is that the Government understand the concerns that have been raised, and that Members’ constituents are raising. We believe that there is a clear health and safety framework in place that we can build on, and we are intent on building on it. We will continue to work to strengthen the guidance and processes that are in place so that we can ensure that we have the confidence of the public. We believe that this is a crucial part of how we get to net zero, but as hon. Members have said, we must do it in a way that ensures the safety of the public. That is a priority for us, as it is for all Members of this House.