Councils launch joint legal threat over solar farm NSIP approval

The Secretary of State for Energy Security and Net Zero made a development consent order for Springwell Solar Farm earlier this month (8 April), paving the way for the sprawling 1,280-hectare energy project on land near Scopwick, North Kesteven.

The development would provide energy for over 180,000 homes and is defined as a Nationally Significant Infrastructure Project (NSIP).

The Secretary of State's decision came in spite of objections from both councils, who argued the application failed to assess the impacts on our rural villages and landscapes.

They also claimed the application did not adequately take into account the cumulative impact of developments in Lincolnshire, which continue to use large amounts of the “best and most versatile” agricultural land.

The Planning Inspectorate meanwhile recommended the project go ahead, following an examination that found the impact on heritage assets would be "less than substantial", and that any biodiversity, ecological and nature conservation issues had "been adequately assessed", among other things.

Commenting on the decision at the time, Energy Minister Michael Shanks said the solar farm would help protect against the “the rollercoaster of international fossil fuel markets and secure our own energy independence”.

However, the two authorities have since threatened a legal challenge, claiming that the approval "did not follow the proper process".

Cllr Sean Matthews, Leader of Lincolnshire County Council, said: “Following legal advice and a careful consideration of the potential costs and impact, we believe we may have grounds to challenge this decision."

"With Lincolnshire bearing the brunt of NSIP applications, it’s important we take a stand, and use the appropriate means to try and stop these developments where possible. If the courts agree that we have grounds to challenge, we’d be in a position to launch a judicial review into this decision.”

Cllr Richard Wright, Leader of North Kesteven District Council, added: “In any planning decision, weighing and balancing competing issues is fundamental to coming to a decision.

"In this case, it appears that because of process and procedural flaws, the wrong weight has been applied leading to a decision that is arguably unsound."

The Department for Energy Security and Net Zero said it could not comment on a live planning case.

Adam Carey