In what could prove to be an important judgement for PV project developers in the UK, the High Court has found in favour of Lark Energy and its proposed 24 MWp solar farm at Ellough in Suffolk, overturning an earlier decision of the Secretary of State for Communities and Local Government (Conservative MP, Eric Pickles) to reject its planning application. The High Court has also refused the Secretary of State leave to appeal.
The scheme, on a former WW2 airfield and adjacent to the Ellough Industrial Estate, was recommended for consent by the Planning Inspectorate following a public inquiry. The Secretary of State "called in" and subsequently overturned the decision in October 2013.
Welcoming the High Court's decision, Jo Wall, Lark Energy's Development Director, said "we were always concerned about the legality of the Secretary of State's decision as it appeared to have been made without due regard to the local plan. It was clear to anyone that read the Secretary of State's decision notice that this project was a victim of political expediency rather than rigorous application of planning policy."
Lark says the 24 MWp scheme (occupying about 48 ha) was carefully designed from the outset, using predominantly low grade agricultural land on a former World War II airfield. It sits adjacent to a substantial industrial area and wraps around a large turkey factory. Lark says it was supported by the vast majority of the 150 people who visited the local exhibition and the application attracted only 3 objections.
Nevertheless, Lark Energy's original application was turned down by Waveney district council, necessitating the public inquiry. In the meantime, Lark Energy achieved consent for a smaller, 14 MWp, scheme on the site, which has since been completed. At the public inquiry, the Planning Inspector found firmly in favour of the 24 MWp scheme but, following the Secretary of State's use of his reserved powers, the Inspector's decision was overturned. Jonathan Selwyn, Lark Energy's managing director, said: "It would seem that some elements of the government wish to prevent large scale solar developments even where the majority of the public supports them. This is in stark contrast to the treatment afforded the far less popular fracking and nuclear industries and is difficult for the many SMEs engaged in the solar sector to understand."
Lark Energy, part of the Larkfleet Group of companies, a privately owned construction and development group, has developed 235 MWp and installed over 140 MWp of PV across the UK since June 2011, including the largest solar farm in the country, 34 MWp, at Wymeswold Airfield near Loughborough.
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