The entry into force of Decree 89/2025, which amends the Asturias Land Planning and Urban Development Regulations (ROTU), has sparked strong opposition among developers of energy storage projects.
Published on 8 July in the Official Gazette of the Principality of Asturias (BOPA), the new regulation suspends planning authorisations for stand-alone installations above 3⬯MW located on non-developable land, effectively imposing a de facto moratorium for up to 24 months.
This change affects over 80 developers and a planned capacity of 1.8 GW, at a time when energy storage plays a strategic role in the ongoing energy transition.
"Asturias has just declared a covert moratorium on energy storage, without any technical analysis or prior consultation with the sector," states Felipe González Coto, an expert in energy and energy regulation.
In a conversation with Strategic Energy Europe, explains that the decision has an immediate paralysing effect on an already committed capacity: 1,220 MW with grid connection granted and another 373 MW under administrative processing.
Based on his assessment, "this measure destroys regulatory predictability, disrupting ongoing projects without offering any viable alternative framework".
The amended Article 51 of the ROTU foresees the future development of specific planning guidelines for these types of installations.
However, in the meantime, all administrative proceedings on non-developable land have been suspended, creating a legal void that affects even those developers who had already initiated the permitting process.
According to official data, 170 developers had initially shown interest, though many have since withdrawn or relocated their projects.
"The problem isn"t just the freeze it"s the legal uncertainty: we don"t know if future criteria will be retroactive or what conditions will be imposed," warns González Coto.
Another critical issue is the establishment of minimum setback distances: one kilometre from population centres and 500 metres from native forests or livestock farms.
According to the expert, these restrictions lack a technical foundation.
"They are arbitrary measures based more on unfounded fears than on proper risk assessments.
It"s unsustainable to require distances that are 50 times higher than what"s allowed in countries like the UK or the US", he asserts.
The regional government argues that non-developable land is "unsuitable" for this type of infrastructure and suggests moving projects to urban or industrial-designated lands.
However, the sector warns that this shift greatly limits economic feasibility.
"Industrial land in Asturias is scarce, expensive, and not located near critical energy infrastructure.
This proposal eliminates around 90% of the region"s battery deployment potential," González Coto highlights.
Additionally, the industry"s concerns are compounded by the Strategic Regional Projects Law (Ley PIER), which enables the regional government to approve strategic projects without municipal consent.
While this law is not directly part of the ROTU reform, its interplay with the new regulation leads to what González Coto calls a "regulatory chaos.
"On one hand, projects are blocked through a moratorium with no technical basis; on the other, fast-track approvals may bypass local involvement.
This inconsistency undermines investor and developer confidence," González Coto remarks.
In conclusion, the ROTU reform in Asturias creates a scenario of regulatory uncertainty, technical gaps, and territorial tension, which seriously jeopardises the development of energy storage in a region with significant potential.
The industry is calling for a clear, technically sound, and consensual framework that enables progress without stalling the energy transition.