Plans for what is set to become the UK’s largest solar farm have cleared another legal hurdle after the High Court dismissed a challenge brought by two Lincolnshire councils.
Lincolnshire County Council and North Kesteven District Council had sought a judicial review of the Government’s decision to approve the Springwell Solar Farm, raising nine grounds of challenge.
However, following a preliminary hearing, the judge ruled that none of the councils’ arguments were sufficiently arguable to proceed to a full judicial review hearing.
Five of the challenges concerned the proposed Navenby Substation, which would be needed to connect the solar farm to the electricity grid.
The councils argued that the Government’s decision to remove a requirement for planning consent for the substation from the development consent order created uncertainty over whether the necessary infrastructure would be delivered.
The judge acknowledged the councils’ concerns that solar development could proceed without a guarantee that a substation would be in place. However, the court concluded that national policy statements emphasised the importance and urgency of delivering critical national infrastructure.
The remaining challenges focused on food security and the impact of the development on agricultural land.
The councils argued that the Secretary of State had given insufficient consideration to food security and that Springwell’s Environmental Statement contained no specific information about the potential impacts.
However, the judge ruled that the Secretary of State was entitled to give limited weight to these concerns and that the Planning Inspectorate had not required the additional information to be included in the environmental assessment.
Following the dismissal of all nine grounds, the councils’ application for judicial review was rejected.
Both authorities expressed disappointment at the decision, warning that rural communities would bear the consequences of the development.
Lincolnshire County Council leader Cllr Sean Matthews said: ‘Given the size of this development, I’m disappointed that our councils will not have the opportunity to present a case at a full hearing.
‘The impact of this development won’t be felt in London, where all these decisions have been made. Rather, residents across dozens of rural communities now face the likelihood of huge industrial solar farms appearing on their doorstep.’
North Kesteven District Council leader Cllr Richard Wright added: ‘I have no regrets in raising our concerns on this issue with the court. It is not a decision that we took lightly and it was done, following legal advice and a careful consideration of the potential costs and impact. We felt that we had grounds to challenge the decision, believing that proper process was not followed, and it was important for this to be tested.
‘It was a course of action we pursued with our communities foremost in our minds, and while I am disappointed at the outcome, I am pleased that we stood up for them in this way.’
The ruling now leaves the councils with no realistic legal route to challenge the Government’s approval of the proposed development.
Photo: Philipp
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